UNIVERSITY 

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SCHOOL  OF  LAW 
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DEPARTMENT    OF    PUBLIC    INSTRUCTION, 

X.  C.  NELSON,  Superintendent 


SCHOOL  LAW 

OF  UTAH. 

DISCARD 


„-  ANGELE&  PUBLIC 
Published  by^oithority 
For  the  Use  of  the  Public  School  Officers. 


Lib*  i  MS^- 


STAR  PRINTING  COMPANY 

SALT  LAKE  CITY 

1913 


DEPARTMENT    OF    PUBLIC    INSTRUCTION, 

A.  C.  NELSON,  Superintendent 


SCHOOL  LAW 

OF  UTAH. 


Published  by  Authority 
For  the  Use  of  the  Public  School  Officers. 


STAR  PRINTING  COMPANY 

SALT  LAKE  CITY 

1913 


s 

1913 


SCHOOL   LAW 

OF  THE 

STATE    OF    UTAH. 


CHAPTER  1. 

STATE  BOARD  OF  EDUCATION. 

1763.  Membership.  Vested  with  general  control  public 
schools.  The  State  Board  of  Education  shall  consist  of  the 
State  Superintendent  of  Public  Instruction,  the  president  of 
the  University  of  Utah,  the  president  of  the  Agricultural  Col- 
lege, and  two  other  persons  of  large  experience  and  eminent 
professional  standing,  to  be  appointed  by  the  Governor,  by 
and  with  the  consent  of  the  Senate,  to  serve  for  a  period  of 
four  years.  The  general  control  and  supervision  of  the  pub- 
lic school  system  is  vested  in  the  State  Board  of  Education. 

Power  to  promote  the  establishment  of  libraries  and  gym- 
nasiums. The  State  Board  of  Education  shall  also  promote 
the  establishment  of  libraries  and  gymnasiums  throughout 
the  State,  and  shall  have  power  to  appoint  a  secretary  who 
shall  work  under  the  direction  of  the  State  Superintendent  of 
Public  Instruction.  The  salary  of  the  Secretary  shall  be  fixed 
by  the  State  Board  of  Education  and  approved  by  the  State 
Board  of  Examiners.  The  Board  shall  have  the  power  to  call 
to  its  assistance  expert  help  to  promote  libraries  and  gym- 
nasiums whenever  needed.  The  actual  and  necessary  traveling 
expenses  incurred  by  such  help  and  the  salary  of  the  Secre- 
tary shall  be  paid  from  the  contingent  fund  of  the  State  Board 


• 


4  SCHOOL   LAW 

i>!"  Education,  upon  the  presentation  of  properly  certified  and 
approved  vouchers. 

1764/  Power  to  grant  diplomas  and  certificates.  The 
State  Board  of  Education  is  hereby  authorized  and  empow- 
ered to  issue  diplomas  of  two  grades,  namely,  state  high 
school  and  state  grammar,  and  certificates  of  one  grade, 
Qamely,  state  grammar.  It  shall  also  have  power  to  issue 
temporary  certificates  of  high  school  grade,  good  for  one  year. 

•  -. 

1765.    Id.    Granted  to  whom.     State   diplomas   or   state 

certificates  shall  be  issued  only  to  professional  teachers  who 
have  reached  the  age  of  twenty  years,  have  had  two  years' 
successful  experience  in  this  State,  and  exhibit  satisfactory 
evidence  of  good  moral  character,  and  freedom  from  serious 
infectious  or  hereditary  disease,  and  upon  critical  examina- 
tion are  found  to  possess  the  requisite  scholarship  and  cul- 
ture. 

1766.  Valid  where  and  for  what  time.  These  state  diplomas 
and  certificates  shall  be  valid  in  any  county,  city,  town  or 
school  district  in  the  State;  the  high  school  diplomas  in  any 
department  of  the  public  schools ;  the  grammar  grade  diplo- 
mas, in  grammar  and  primary  departments ;  and  certificates, 
in  grammar  and  primary  departments;  state  diplomas  shall 
be  good  during  the  lifetime  of  the  holders,  and  state  certifi- 
cates for  a  period  of  five  years. 

1767.  Id.  Examinations  required.  Normal  certificates. 
Life  diplomas  of  other  states.  Ceasing  to  teach.  Candidates 
for  state  professional  diplomas  of  high  school  grade  shall  be 
required  by  examination  or  other  evidence  to  exhibit  a  high 
degree  of  scholarship  in  all  the  following  branches,  namely: 
arithmetic,  United  States  history,  reading  and  elocution,  or- 
'thography,  English  grammar,  political  and  physical  geog- 
raphy, physiology,  algebra,  physics,  rhetoric,  drawing,  plane 
and  solid  geometry,  botany,  English  literature,  general  his- 
tory, civil  government,  history  and  science  of  education,  and 
psychology;  and  also  in  any  three  of  the  following  branches 


SCHOOL   LAW  5 

namely:  chemistry,  geology,  French,  German,  Latin,  Greek, 
trigonometry,  zoology,  biology,  and  mineralogy.  Candidates 
for  state  professional  diplomas  of  grammar  grade  shall  be  re- 
quired, by  examination  or  other  evidence,  to  exhibit  satisfac- 
tory knowledge  of  all  the  following  subjects,  namely:  arith- 
metic, United  States  history,  reading  and  elocution,  orthog- 
raphy, English  grammar,  political  and  physical  geography, 
physiology,  nature  studies,  algebra,  physics,  rhetoric,  draw: 
ing,  plane  geometry,  botany,  English  literature,  general  his- 
tory, civil  government,  the  history  and  science  of  education, 
and  psychology;  provided,  that: 

Normal  certificates  and  diplomas. 

1st.  Normal  certificates  and  normal  diplomas  issued  by 
the  University  of  Utah  subsequent  to  March  10,  1892,  and  all 
normal  certificates  and  normal  diplomas  issued  hereafter  by 
the  University  of  Utah  shall  have  the  force  of  state  certifi- 
cates ;  and  the  holder  of  any  normal  diploma  as  hereinbefore 
specified,  after  having  had  two  years'  successful  experience 
in  teaching  in  this  State,  shall  be  entitled  to  a  high  school 
diploma. 

2nd.  Holders  of  normal  certificates  issued  by  the  Univers- 
sity  of  Utah  subsequent  to  March  10,  1892,  and  all  normal 
certificates  and  normal  diplomas  issued  hereafter  by  the  Uni- 
versity of  Utah ;  and  holders  of  high  school  certificates  now  in 
force  and  issued  as  provided  by  law  by  boards  of  education  in 
cities  of  the  first  and  second  classes,  and  territorial  first  grade 
certificates  and  state  diplomas  and  certificates  now  in  force, 
may,  at  the  discretion  of  the  State  Board  of  Education,  be 
exempt  from  examination  in  any  and  all  subjects  which  were 
required  in  the  examination  for  such  certificates. 

Life  Diplomas. 

3rd.  Life  diplomas  issued  by  state  boards  in  other  states 
and  shown  to  be  of  equal  rank  with  those  issued  by  the  State 
Board  of  this  State  may  receive  equal  recognition  after  the 
holders  acquire  two  years'  successful  experience  in  schools  of 


6  SCHOOL   LAW 

this  State.  When  countersigned  by  the  State  Superintendent 
of  Public  Instruction  under  the  direction  of  the  State  Board; 
such  diplomas  shall  have  equal  validity  with  those  of  corre- 
sponding rank   issued   by  the   State  Board. 

When  not  in  force. 

4th.  No  professional  diploma  or  certificate  shall  be  in 
force  if  the  holder  allow  a  space  of  five  years  to  elapse  with- 
out following  some  educational  pursuit. 

1768.  Board  may  appoint  assistant  examiners.  The  State 
Board  of  Education  shall  have  authority  to  appoint  a  suffi- 
cient number  of  assistants  of  eminent  educational  ability  to 
conduct  examinations,  and  the  necessary  expense  connected 
with  the  holding  of  such  examinations  shall  be  paid  out  of  the 
state  school  fund  upon  vouchers  to  be  approved  by  the  State 
Board  of  Examiners. 

1769.  Board  may  revoke  diplomas  for  cause.  The  State 
Board  of  Education  is  authorized  and  required  to  revoke,  for 
immoral  or  unprofessional  conduct  or  evident  unfitness  for 
teaching,  state  diplomas  and  state  certificates  issued  under  the 
provisions  of  this  Chapter. 

1770.  Compensation  and  expenses  of  members  of  board. 
Clerical  assistance.  A  statement  of  actual  and  necessary  trav- 
eling expenses  of  the  members  of  said  board,  incurred  in  at- 
tending meetings  of  the  board,  must  be  certified  to  by  the 
State  Superintendent  of  Public  Instruction,  and  be  filed  with 
the  State  Board  of  Examiners,  who  are  empowered  to  allow 
or  reject  the  same,  in  whole  or  in  part,  in  the  same  manner  as 
in  the  case  of  claims  for  which  an  appropriation  has  been 
made,  and  the  State  Auditor  shall  draw  his  warrant  on  the 
State  Treasurer  in  favor  of  the  person  named  therein  for  the 
amount  allowed.  The  members  of  the  said  State  Board  of 
Education  shall  receive  four  dollars  per  day  for  time  actually 
and  necessarily  spent  in  the  performance  of  their  duties; 
provided,  that  no  member  of  the  board  receiving  salary  from 


SCHOOL   LAW  7 

the  State  or  any  subdivision  thereof,  or  from  any  public  in- 
stitution, shall  receive  any  such  per  diem. 

Clerical  assistance. 

The  board  may  engage  necessary  clerical  assistance,  the 
cost  of  which  shall  not  exceed  $250  annually,  and  shall  be  cer- 
tified to  as  provided  above  in  this  section. 

1771.  Chairman  and  secretary  of  board.     Record.     The 

State  Superintendent  of  Public  Instruction  shall  be  chairman 
of  the  State  Board,  and  he  shall  appoint  a  member  of  the 
Board  secretary,  who  shall  keep  a  record  of  the  Board's  pro- 
ceedings. 

1772.  Concurrence  of  majority  necessary.  A  concurrence 
of  a  majority  of  all  the  members  shall  be  necessary  to  the 
validity  of  an  act  of  the  Board. 

1773.  Meetings  of  Board.  The  Board  shall  meet  at  the 
call  of  the  chairman,  and  at  least  twice  each  year. 


CHAPTER  2. 

STATE    SUPERINTENDENT 

1774.  Election  of  State  Superintendent.  Qualifications. 
Term.  Oath  and  bond.  Deputy.  There  shall  be  chosen  by 
the  qualified  electors  of  the  State  at  the  regular  State  election 
in  the  year  nineteen  hundred,  and  every  four  years  thereafter, 
a  Superintendent  of  Public  Instruction,  hereinafter  called  the 
State  Superintendent,  who,  at  the  time  of  his  election,  shall 
be  a  qualified  elector,  shall  have  been  a  resident  citizen  of  the 
State  of  Utah  for  five  years  next  preceding  his  election,  shall 
have  attained  the  age  of  thirty  years,  shall  be  the  holder  of  a 
state  certificate  of  the  highest  grade  issued  in  some  state,  or 
shall  be  a  graduate  of  some  reputable  university,  college  or 


SCHOOL   LAW 

normal  school.  He  shall  reside  and  hold  his  office  at  the  seat 
o\'  government  for  the  term  of  four  years  from  the  first  Mon- 
thly in  January  following  his  election  and  until  his  successor 
is  elected  and  qualified!  Before  entering  upon  his  duties,  he 
shall  take  the  oath  of  office  and  give  a  bond  in  the  penal  sum 
of  five  thousand  dollars,  With  not  less  than  two  sureties,  to 
I).'  approved,  recorded;  and  filed  as  provided  by  law.  The 
State  Superintendent  shall  have  power  to  appoint  a  deputy, 
who  may  represent  him  at  teachers'  institutes  when  other 
business  prevents  his  being  in  attendance.  The  actual  and 
necessary  traveling  expenses  of  such  deputy  shall  be  paid  out 
of  the  school  fund  upon  proper  vouchers  for  the  same  being 
filed  with  the  State  Board  of  Examiners. 

1775.  State  Superintendent  charged  with  administration 
of  school  system.  Apportionment  of  money.  The  State  Super- 
intendent shall  be  charged  with  the  administration  of  the  sys- 
tem of  public  instruction  and  the  general  superintendence  of 
the  business  relating  to  district  schools  of  the  State,  and  of 
the  school  revenue  set  apart  and  appropriated  for  their  sup- 
port, and  shall  have  full  power  to  investigate  all  matters  per- 
taining to  the  public  schools.  It  shall  be  the  duty  of  the  State 
Auditor  to  notify  the  Superintendent  of  the  actual  amount  of 
money  in  the  state  treasury  to  the  credit  of  the  state  district 
school  fund  on  the  thirty-first  day  of  October  and  December, 
and  on  the  thirty-first  day  of  March  of  each  year.  Within  ten 
days  after  receiving  such  notification,  the  Superintendent  shall 
apportion  said  fund  among  the  several  counties  and  cities  of 
the  first  and  second  classes,  and  to  the  county  superintendents, 
this  Chapter,  according  to  the  number  of  persons  between  the 
ages  of  six  and  eighteen  years,  residing  in  such  county  or  city 
as  shown  by  the  last  school  census  lists  of  the  several  coun- 
ties and  cities,  and  immediately  furnish  to  each  county  treas- 
urer to  each  treasurer  of  the  board  of  education  in  cities  of 
the  first  and  second  classes  and  to  the  county  superintendents, 
an  abstract  of  such  apportionments.  He  shall  also  certify  such 
apportionment  to  the  State  Auditor,  and,  upon  receiving  such 
certificate,  the  Auditor  shall  forthwith  draw  his  warrant  on 
the  State  Treasurer  in  favor  of  the  county  treasurer  of  each 


SCHOOL   LAW  9 

county,  or  .the  treasurer  of  each  city  board  of  education,  as  the 
case  may  be,  for  the  amount  due  said  county  or  board ;  pro- 
vided, that: 

No  apportionment  until  reports  are  forthcoming. 

1st.  No  apportionment  shall  be  made  to  any  county  or 
cily  until  all  the  reports  for  the  year  next  preceding,  as  re- 
quired by  law,  have  been  received  from  such  county  or  city 
by  the  State  Superintendent. 

Failure  to  maintain  school  reduces  apportionment. 

2nd.  If  any  district  or  districts  in  any  county  have  failed 
to  maintain  school  for  twenty  weeks  during  the  year  next  pre- 
ceding that  in  which  the  apportionment  is  made,  the  number 
of  children  of  school  age  in  such  district  or  districts  shall  be 
subtracted  from  the  total  school  population  of  the  State,  and 
from  the  school  population  of  the  county  in  which  such  dis- 
trict or  districts  are  located  before  making  the  apportionment ; 
provided,  that  when  the  failure  to  maintain  school'  in  such 
district  or  districts  the  required  length  of  time  is  due  to  quar- 
antine, fire,  flood,  or  other  like  uncontrollable  cause,  such 
failure  shall  not  affect  the  basis  upon  which  the  apportion- 
ment is  made. 

1776.  Seal  of  State  Superintendent.  Register  and  forms 
and  regulations  for  reports.  Opinions.  Visiting  schools,  etc. 
The  Superintendent  shall  provide  and  keep  a  seal  by  which 
his  official  acts  and  copies  of  all  papers  and  documents  filed  in 
his  office  may  be  authenticated,  and  when  so  authenticated, 
said  copies  shall  be  received  as  evidence  in  all  courts  of  this 
State   equally  with,   and     in     like     manner  as  the   original. 

To  prepare  and  transmit  forms  and  regulations  for  reports. 

He  shall  prepare  and  transmit  to  the  proper  officers  suit- 
able forms  and  regulations  for  making  all  reports,  with  the 
necessary  blanks  therefor,  also  school  registers,  and  all  neces- 


10  SCHOOL  LAW 

sary  instructions  for  the  organization  and  government  of  dis-. 
tricl  schools,  and  the  conducting  of  all  necessary  proceedings 
under  this  title.  He  shall  print  and  circulate  a  summary  of 
his  opinions  and  rulings.  The  cost  of  such  blank  forms,  school 
registers,  and  for  the  printing  of  the  summary  of  his  opinions 
and  ruling  shall  be  paid  out  of  the  state  school  fund,  and 
the  vouchers  therefor  shall  be  certified  to  by  the  Superintend- 
ent, and  filed  with  the  State  Board  of  Examiners,  who  are 
empowered  to  allow  or  reject  the  same,  in  whole  or  in  part, 
in  the  same  manner  as  in  the  case  of  claims  for  which  an  ap- 
propriation has  been  made,  and  the  State  Auditor  shall  draw 
his  warrant  on  the  State  Treasurer  for  the  amount  allowed  in 
favor  of  the  person  to  whom  said  amount  is  due. 

To  visit  each  county  at  least  once  a  year. 

He  shall  visit  at  least  once  a  year  in  each  county  in  the 
State  the  principal  schools  and  district  school  boards.  He 
may  examine  the  State  Auditor's  books  and  records  relative 
to  school  revenue,  and  those  of  other  public  officials  relating 
to  school  accounts.  He  shall  meet  with  school  officers,  advise 
with  teachers,  and  lecture  to  institutes  and  public  assemblies 
upon  topics  calculated  to  promote  the  interests  of  education. 

1777.  State  Superintendent  to  advise  with  school  officers. 
Effect  of  his  decisions.  He  shall  advise  with  county  superin- 
tendents and  with  school  boards  and  other  school  officers  upon 
all  matters  involving  the  welfare  of  the  schools.  He  shall, 
when  requested  by  superintendents  or  other  school  officers, 
give  them  written  answers  to  all  questions  concerning  the 
school  law.  His  decisions  shall  be  held  to  be  correct  and  final 
until  set  aside  by  a  court  of  competent  jurisdiction  or  by  sub- 
sequent legislation. 

1778.  Biennial  report  of  State  Superintendent.     On   or 

before  the  first  day  of  January  preceding  each  biennial  session 
of  the  Legislature,  the  State  Superintendent  shall  present  to  the 
Governor  a  report  of  his  administration  of  the  system  of  public 
instruction.  There  shall  be  printed  at  least  one  thousand  copies 
of  his  report  and  laws  relating  to  the  schools,  which  shall  be 


SCHOOL   LAW  11 

distributed  under  his  direction.    The  Superintendent  in  his  re- 
port shall  furnish  a  brief  exhibit : 

Contents  of  report. 

1.  Of  his  labors,  results  of  his  experience  and  observa- 
tions as  to  the  operation  of  the  public  school  system,  and  sug- 
gestions as  to  the  remedy  for  imperfections. 

2.  Of  the  amount  of  school  revenue  and  its  general 
condition   as  to  sufficiency  or  insufficiency. 

3.  Of  such  plans  as  he  may  have  matured  for  the  bet- 
ter organization  of  the  schools,  and  for  the  increase  and  eco- 
nomical expenditure  of  the  school  revenue. 

4.  A  full  statement  of  the  condition  and  amount  of  all 
funds  and  property  appropriated  for  educational  purposes;  the 
number  and  grade  of  schools  in  each  county,  and  in  each  city 
of  the  first  and  of  the  second  class,  the  number  of  children  be- 
tween the  ages  of  six  and  eighteen  years  in  each  county  and  in 
each  city  of  the  first  and  of  the  second  class,  with  the  num- 
ber of  such  attending  district  schools,  the  average  number  of 
children  that  have  attended  district  schools  during  the  two 
years  previous  to  July  1st  of  that  year,  the  number  that  can 
read  and  write,  the  amount  of  school  money  raised  by  county 
taxation  or  otherwise,  the  amount  expended  for  salaries  of 
teachers  and  for  building  school  houses. 

5.  A  comparison  of  the  results  of  the  two  years  then 
closing  with  those  of  the  two  years  preceding,  indicating  the 
progress  of  public  instruction,  and,  as  far  as  can  be  ascer- 
tained, the  number  and  condition  of  private  schools,  academies, 
and  colleges  in  the  State. 

1779.  Id.  He  shall  append  to  his  report  such  informa- 
tion relative  to  the  system  of  public  instruction,  the  schools, 
their  annual  revenues,  and  such  other  matters  as  he  may 
deem  proper.  He  shall  include  in  his  report  statistical  tables 
compiled  from  information  transmitted  to  his  office,  with  sum- 
maries, averages,  and  totals  appended  thereto ;  also  a  state- 
ment of  the  annual  collections  of  school  revenue,  and  his  ap- 


L2  SCHOOL   LAW 

portionment  thereof;  and  when  he  deems  it  of  sufficient  in- 
terest, lie  shall  append  extracts  from  the  correspondence  of 
school  officers,  showing  either  the  salutary  or  defective  opera- 
tion of  the  system. 

Information  to  National  Commissioner. 

He  shall  furnish  the  United  States  Commissioner  of  Edu- 
cation at  "Washington  such  information  as  that  officer  may  re- 
quire. 

1780.  Monthly  expense  account  of  State  Superintendent. 
Allowance.  Books,  etc.,  to  successor.  At  the  end  of  each 
month  he  shall  file  with  the  State  Board  of  Examiners  an 
itemized  account  of  his  expenses,  verified  by  his  oath.  The 
said  Board  shall  examine  the  same,  and,  if  the  account  is  found 
to  be  correct  and  the  expenditures  necessary,  shall  certify  the 
same  to  the  State  Auditor,  who  shall  issue  a  warrant  to  the 
State  Treasurer  for  the  amount  due  on  such  account,  and  at 
the  end  of  each  quarter  year,  for  one-fourth  of  the  Superin- 
tendent's annual  salary,  and  shall  charge  the  same  to  the  state 
district  school  fund.  At  the  expiration  of  his  term  of  office, 
he  shall  deliver  to  his  successor  all  books,  records,  documents, 
maps,  reports,  papers,  and  other  articles  pertaining  to  his 
office. 

1781.  State  Superintendent  may  call  convention  of  school 
superintendents.  Traveling  expenses.  The  State  Superintend- 
ent shall  have  power  to  call  annually  a  convention  of  the  coun- 
ty and  city  superintendents,  to  assemble  at  such  time  and  place 
as  he  shall  deem  most  convenient,  for  the  discussion  of  ques- 
tions pertaining  to  the  supervision  and  administration  of  the 
public  schools,  the  laws  relating  thereto,  and  such  other  sub- 
jects affecting  the  welfare  and  interests  of  the  public  schools 
as  shall  properly  be  brought  before  it. 

County  and  City  Superintendents  to  attend. 

■ 

It  is  hereby  made  the  duty  of  all  county  and  city  superin- 
tendents to  attend  such  conventions  when  called.    The  actual 


SCHOOL   LAW  13 

traveling  expenses  of  county  superintendents  for  attending 
such  conventions  shall  be  allowed  by  the  board  of  county  com- 
missioners, and  paid  out  of  the  same  fund  as  the  salaries  of 
county  superintendents.  The  actual  traveling  expenses  of  city 
superintendents  attending  such  convention  shall  be  allowed, 
and  paid  out  of  the  same  fund  as  salaries  of  city  superintend- 
ents. 


CHAPTER  3. 

COUNTY  SUPERINTENDENTS. 

1782.  Election  of  county  superintendent.  Qualifications. 
Term  and  bond.  At  the  general  election  in  the  year  1904, 
and  biennially  thereafter,  there  shall  be  elected  for  each 
county  in  the  State  a  county  superintendent  of  district  schools, 
who  must,  in  addition  to  the  constitutional  requirements, 
have  the  following  qualifications :  He  must  be  a  qualified  elec- 
tor of  the  county  at  least  twenty-five  years  of  age  and  have 
had  at  least  three  years  teaching  experience ;  and  in  counties 
of  the  first,  second,  and  third  class  he  must  hold  a  high  school 
life  diploma,  and  in  counties  of  the  fourth  to  twelfth  class, 
both  inclusive,  he  must  hold  a  life  diploma  not  lower  than 
grammar  grade,  and  in  counties  of  the  thirteenth  to  fifteenth 
class,  both  inclusive,  he  must  hold  a  diploma  or  certificate  not 
lower  than  a  five  year  state  certificate.  His  term  of  office 
shall  be  two  years  and  until  his  successor  is  elected  and  quali- 
fied. He  shall  take  office  at  12  o'clock  m.,  the  first  Monday  in 
January  next  following  the  date  of  his  election.  The  present 
incumbents  shall  hold  office  until  their  successors  are  elected 
and  qualified.  Before  entering  upon  the  duties  of  his  office, 
he  shall  qualify  by  taking  and  subscribing  the  oath  of  office 
and  giving  a  bond  for  the  faithful  discharge  of  his  duties,  in 
the  penal  sum  of  $1,000,  with  sureties  to  be  approved  by  the 
county  commissioners,  which  oath  and  bond  shall  be  filed  with 
the  county  clerk ;  provided,  that    voters    residing    within    the 


14  SCHOOL   LAW 

limits  of  cities  of  the  first  and  second  classes  and  county  school 
districts  of  the  first  class,  shall  not  be  permitted  to  vote  for 
the  election  of  county  superintendent. 

1783.  To  superintend  county  schools.  The  county  super- 
intendent shall  have  the  general  superintendence  of  all  district 
schools  in  his  county,  except  in  cities  of  the  first  and  of  the 
second  class. 

1784.  Boundaries  of  school  districts  to  be  fixed.  It  shall 
be  the  duty  of  every  county  superintendent  to  ascertain 
whether  the  boundaries  of  the  school  districts  in  his  county 
are  definitely  and  plainly  described  in  the  records  of  the  board 
of  county  commissioners,  and  to  keep  in  his  office  a  full  and 
correct  transcript  of  such  boundaries.  In  case  the  boundaries 
of  districts  are  conflicting  or  incorrectly  described,  he  shall 
immediately  report  the  fact  to  the  board  of  county  commis- 
sioners, who  shall  change  said  boundaries  so  as  to  make  them 
harmonize. 

1785.  County   superintendent  to   visit  school.     Record. 

He  shall  visit  every  district  school  under  his  supervision  with- 
in the  county  at  least  twice  in  each  year,  and  oftener  if 
necessary  to  increase  its  usefulness.  He  shall  at  such  visits 
carefully  observe  the  condition  of  the  school,  the  mental  and 
moral  instruction  given,  the  methods  employed  by  the  teacher, 
and  the  progress  of  the  pupils.  He  shall  advise  and  direct  the 
teachers  in  regard  to  the  instruction,  classification,  govern- 
ment, and  discipline  of  the  school.  He  shall  keep  a  record  of 
such  visits,  and  by  memoranda  indicate  his  judgment  of  the 
teacher's  ability  to  teach  and  govern,  and  the  conditions  and 
progress  of  the  school,  which  information  shall  be  filed  with 
the  State  Board  of  Education,  and  shall  be  used  for  or  against 
teachers  at  the  time  of  their  examination  for  certificates. 

1786.  To  keep  records.  Delivery  to  successor.  He  shall 
keep  a  record  of  all  his  official  acts,  preserve  all  books,  maps, 
charts,  and  apparatus  belonging  to  his  office,  file  all  reports 


SCHOOL   LAW  15 

and  statements  from  teachers  and  school  trustees,  and  deliver 
them  to  his  successor  in  office. 

1787.  May  meet  with  school  officers.  Notice.  The 
county  superintendent  may  arrange  for  meetings  with  school 
officers  at  designated  times  and  places,  due  notice  of  which 
shall  be  given,  for  the  purpose  of  inspecting  the  district  rec- 
ords, insuring  their  accuracy,  and  giving  instruction  in  the 
manner  of  keeping  the  same  and  preparing  the  reports  of  dis- 
trict officers. 

1788.  Decide  controversies.  He  shall  decide  all  contro- 
versies pertaining  to  discipline  arising  in  the  administration 
of  the  school  law  in  his  county  or  appealed  to  him  from  the 
decision  of  school  trustees. 

1789.  May  administer  oaths.  The  county  superintendent 
shall  have  power  to  administer  oaths  of  office  to  all  subordi- 
nate school  officers  and  witnesses  and  to  examine  them  under 
oath  in  cases  that  may  come  before  him  for  investigation,  but 
he  shall  not  receive  pay  for  administering  such  oaths. 

1790.  To  see  that  required  instruction  is  given.  He  shall 
see  that  the  pupils  are  instructed  in  the  several  branches  of 
study  required  by  law  to  be  taught  in  the  schools,  as  far  as 
they  are  qualified  to  pursue  them.  If  any  teacher  neglects  or 
refuses  to  give  instruction  on  any  subject  required  by  law,  the 
county  superintendent  shall  promptly  report  the  fact  to  the 
*  county  board  of  examiners,  who,  after  due  examination  and 
inquiry,  may  revoke  such  teacher's  certificate  and  cause  him 
to  be  discharged. 

1791.  To  report  to  State  Superintendent.  On  or  before 
the  first  Monday  of  August  in  each  year,  he  shall  make  and 
transmit  to  the  State  Superintendent  reports,  containing  such 
census,  statistical,  and  financial  items  as  may  be  required  by 
law  or  by  the  state  department.     Such  reports  shall  include  a 

list  of  persons  between  five  and  thirty  years  of  age,  too  deaf, 



*Now  State  Board  of  Education. 


16  SCHOOL   LAW 

too  dumb,  or  too  blind  to  obtain  an  education  in  the  public 
schools,  stating  their  names,  ages,  addresses,  and  the  names  of 
their  parents.  Such  report  shall  be  made  upon  and  conform 
to  the  blanks  furnished  by  said  State  Superintendent  for  that 
purpose.  He  shall  not  receive  any  compensation  for  the  last 
quarter  in  his  official  year  until  he  presents  to  the  board  of 
county  commissioners  the  State  Superintendent's  receipt  for 
such  report. 

1792.  May  appoint  a  deputy.  The  county  superintendent 
may  appoint  a  deputy,  who  shall  be  a  qualified  elector  within 
said  county,  and  for  whose  official  acts  and  compensation  he 
shall  be  responsible. 

1793.  County  teachers'  institutes.  The  State  Superin- 
tendent of  Public  Instruction,  the  principal  of  the  State  Nor- 
mal School,  and  the  county  superintendent  of  each  respective 
county  within  this  State  are  hereby  constituted  a  governing 
board  for  the  holding  of  county  teachers'  institutes,  which 
shall  be  held  annually  in  each  county  during  not  less  than 
two  nor  more  than  ten  days,  for  the  instruction  of  teachers 
and  of  those  who  desire  to  teach. 

This  board  of  three  persons  constituted  as  aforesaid  for 
each  respective  county  shall  prescribe  the  subjects  of  instruc- 
tion, and  shall  engage  the  instructors. 

The  State  Superintendent  shall  keep  a  record  of  the  in- 
stitutes held  and  the  subjects  taught.  The  county  superin- 
tendent shall  notify  all  teachers  in  his  county  of  the  time  and 
place  of  holding  the  institute,  and  shall  report  to  the  State 
Superintendent  the  names  of  those  who  attend  and  the  pro- 
gram as  carried  out. 

The  actual  expense  of  holding  each  county  institute  shall 
not  exceed  one  hundred  dollars  in  any  one  year,  and  shall  be 
paid  out  of  the  county  school  fund,  upon  the  warrant  of*  the 
county  superintendent,  accompanied  by  vouchers  showing  to 
whom  and  for  what  purpose  the  money  was  paid. 

Under  the  direction  of  the  governing  board,  union  insti- 
tutes may  be  held  by  two  or  more  .counties,  with  an  additional 
expense  of  not  more   than  fifty  dollars  for  each  additional 


SCHOOL   LAW  17 

county  represented,  the  whole  expense  thereof  to  be  divided 
equally  among  the  counties  so  represented;  provided,  that 
institute  meetings  held  once  or  twice  a  month  each  year  shall 
be  equivalent  to  the  annual  institute  mentioned  in  this  section. 
The  governing  board  is  hereby  authorized  to  call  upon  the 
State  Normal  School  to  furnish  expert  institute  instructors  for 
this  work,  provided,  that  other  expert  instructors  may  be  en- 
gaged whenever,  in  the  judgment  of  the  board,  the  service  of 
such  instructors  shall  be  deemed  advantageous. 

Examination  of  county  school  teachers. 

1794.  Teachers'  Examinations.  Certificates.  The  State 
Board  of  Education  shall  appoint  and  authorize  the  county 
superintendent  of  schools  of  each  county  in  the  State  to  con- 
duct teachers'  examinations  at  such  times  and  places  and  un- 
der such  rules  and  regulations  as  it  may  direct;  provided, 
that  such  examinations  shall  be  held  in  each  county.  The 
Board  shall  prepare  lists  of  questions  to  be  used  in  such  ex- 
aminations, and  shall  grade  the  papers  of  all  applicants  for 
teachers'  certificates.  The  county  superintendent  shall,  within 
three  days  after  the  close  of  said  examination,  forward  to  the 
State  Superintendent  of  Public  Instruction  all  papers  written 
at  said  examination  and  relating  thereto,  including  a  com- 
plete list  of  all  applicants,  with  their  postoffice  addresses,  and 
such  other  information  as  may  be  desired.  If  from  the  per- 
centage of  correct  answers  required  by  the  rules  and  other 
evidences  disclosed  by  the  examination,  including  particularly 
the  county  superintendent's  knowledge  and  information  of 
the  candidate's  experience  and  ability  as  a  teacher,  the  ap- 
plicant is  found  to  be  a  person  of  good  moral  character  and 
free  from  serious  infectious  or  hereditary  disease,  and  to  pos- 
sess such  knowledge  and  understanding,  together  with  apt- 
ness to  teach  and  govern,  as  will  enable  the  applicant  to  teach 
successfully  in  the  district  schools  of  the  State  the  various 
branches  required  by  law,  said  Board  of  Education  shall  grant 
such  applicant  a  certificate  of  qualification. 

1795.  Certificates  of  teachers.     The  county  certificates  is- 


IS  SCHOOL   LAW 

sued  by  the  State  Board  of  Education  shall  be  of  two  grades, 
county  grammar  and  county  primary,  and  shall  be  valid  for 
one  year,  bul  may  be  renewed  year  by  year  without  examina- 
tion under  such  regulations  as  the  Board  may  provide.  No 
certificate  shall  be  granted  unless  the  applicant  be  of  good 
moral  character  and  found  proficient  in  pedagogy  and  quali- 
fied to  teach  the  following  branches  of  common  English  edu- 
cation, namely:  reading,  writing,  spelling,  English  grammar, 
geography,  United  States  history,  arithmetic,  physiology  and 
hygiene,  nature  studies,  and  drawing; 

Provided,  that  in  1911  and  thereafter  all  applicants  for 
teachers'  certificates  to  be  eligible  to  enter  the  examination 
required  by  law,  must  file  with  the  State  Board  of  Education 
evidence  of  their  having  had  at  least  four  years'  high  school 
education  or  its  equivalent,  and  in  addition  thereto  must  pass 
a  successful  examination  in  psychology  and  history  of  edu- 
cation; provided,  further,  that  this  requirement  shall  not  be 
made  of  teachers  who  have  had  three  years'  successful  teach- 
ing experience  in  the  schools  of  the  State. 

The  percentage  required  to  pass  in  any  branch  shall  be 
prescribed  by  the  State  Board  of  Education. 

1796.  Temporary  certificates.  In  addition  to  the  regular 
grades  of  certificates,  the  State  Board  of  Education  may  grant 
a  temporary  certificate,  valid  until  the  next  regular  examina- 
tion, but  in  no  case  shall  such  certificate  be  granted  to  the 
same  person  more- than  once;  provided,  that  special  certifi- 
cates may  be  issued  for  one  year  by  the  State  Board  of  Edu- 
cation to  teachers  of  special  branches ;  provided,  however,  that 
nothing  herein  contained  shall  prohibit  any  county  superin- 
tendent or  any  district  board  of  trustees,  from  employing  a 
icacher  temporarily,  provided,  that  such  teacher  shall  have 
made  application  to  the  State  Board  of  Education  for  a  cer- 
tificate, and  pending  action  by  said  Board  on  such  application; 
provided,  further,  that  the  Board  may,  without  requiring  the 
regular  written  examination,  grant  to  graduates  of  Normal 
Training  Schools  of  high  standard  a  certificate  valid  for  two 
yars. 


SCHOOL   LAW  19 

1797.  County  certificate,  where  valid.  No  county  certifi- 
cate to  teach  shall  be  granted  to  any  person  under  eighteen 
years  of  age.  The  certificates  issued  by  the  State  Board  of 
Education  shall  be  valid  in  any  county  of  the  State. 

1798.  Teachers   must   hold   certificate.     Revocation.     No 

person  shall  be  employed  or  be  permitted  to  teach  in  any  of 
the  district  schools  of  the  State  who  is  not  the  holder  of  a  law- 
ful certificate  of  qualification.  Any  contract  made  in  violation 
of  this  section  shall  be  void. 

The  State  Board  of  Education  is  authorized  and  required 
to  revoke  for  immoral  or  unprofessional  conduct,  or  in  case  of 
unmistakable  evidence  of  serious  infectious  or  hereditary  dis- 
ease, or  evident  unfitness  for  teaching,  any  certificate  granted 
by  it,  after  the  holder  thereof  shall  have  been  given  an  oppor- 
tunity of  being  heard. 

1798x.  Penalty  for  disclosing  prepared  questions.  Any 
person  having  charge  of  the  examination,  or  any  employe  of 
the  Board  of  Education,  who  shall,  directly  or  indirectly,  dis- 
close any  question  prepared  for  the  examination  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars. 

1798x1.  Board  may  employ  assistants.  Compensation. 
The  State  Board  of  Education  may  call  to  its  aid,  in  the  prep- 
aration of  questions  for  county  teachers'  examinations  and  in 
grading  the  papers  of  the  applicants  for  certificates,  such 
assistance  as  it  may  deem  proper.  Persons  employed  by  the 
Board  to  assist  in  preparing  questions  and  grading  papers 
shall  be  entitled  to  necessary  traveling  expenses,  and  shall  re- 
ceive four  dollars  per  day  for  time  actually  and  necessarily 
spent  in  the  performance  of  their  duties;  provided,  that  no 
such  employe  of  the  Board  receiving  a  salary  from  the  State 
or  any  subdivision  thereof  shall  receive  any  such  per  diem. 

The  expenses  incurred  in  the  county  teachers'  examina- 
tion shall  be  paid  from  the  state  school  fund. 


20  SCHOOL   LAW 

CHAPTER  4. 
*  SCHOOL  DISTRICTS. 

1799.  Each  school  district  a  corporation.  Powers.  Every 
school  district  or  high  school  district  now  or  hereafter  created 
shall  be  and  is  hereby  constituted  a  public  corporation  to  be 
designated  as school  district  (  or  high  school  dis- 
trict, as  the  case  may  be)  of county,  State  of  Utah, 

with  its  proper  name  inserted  in  the  blank  before  the  word 
school,  and  the  proper  name  of  the  county  inserted  in  the 
blank  before  the  word  county ;  and  in  its  own  proper  name  as 
such  corporation  may  sue  and  be  sued,  contract  and  be  con-  ' 
tracted  with,  and  it  may  acquire,  purchase,  convey,  and  hold 
real  and  personal  property  for  school  purposes. 

1800.  Extent  of  school  district.  Each  county  and  each 
city,  unless  divided  by  proper  authority,  shall  form  a  school 
district. 

1801.  County  commissioners  may  create  or  modify  dis- 
tricts. Exception.  Special  taxes.  Except  in  school  districts 
of  the  first  class,  the  board  of  county  commissioners  of  any 
county  may  create  into  a  school  district  any  territory  not 
already  so  created,  or  may  create  a  district  out  of  a  part  or 
parts  of  one  or  more  districts  upon  being  petitioned  so  to  do 
by  as  many  residents  of  such  territory  as  have  the  care  and 
custody  of  not  less  than  twenty  school  children  of  school  age 
residing  therein,  or  upon  the  recommendation  of  the  county 
superintendent. 

May  divide  or  consolidate  school  districts. 

The  board  of  county  commissioners  may  change  the  boun- 
daries of,  divide,  and  consolidate  existing  school  districts. 
Whenever  the  board  of  county  commissioners  of  any  county 
shall  divide,  consolidate,  or  change  the  boundaries  of  existing 
school  districts,  such  board  shall  have  the  power,  as  an  in- 
cident to  the  division,  consolidation,  or  change,  equitably  to 
adjust  the  property  rights  and  burdens  of  the  several  districts 


SCHOOL   LAW  21 

-affected  thereby,  by  apportioning  existing  school  property 
.and  debts,  and  by  modifying  or  re-apportioning  taxes  already 
voted,  in  such  manner  as  the  justice  of  the  case  shall,  in  the 
-opinion  of  the  board,  demand. 

Levy  special  taxes. 

To  accomplish  the  adjustment,  the  board  of  county  com- 
missioners may  from  time  to  time  direct  necessary  special 
taxes  to  be  levied  and  collected  on  particular  areas  of  districts 
so  changed. 

1802.  Division  of  new  county  into  school  districts.     In 

^any  county  hereafter  created  the  board  of  county  eommission- 
-ers  thereof  shall  so  divide  the  county,  or  any  part  thereof 
which  has  residing  therein  not  less  than  twenty  children  of 
'school  age,  into  school  districts  as  will  best  promote  the  per- 
manent interests  of  the  district  schools  in  the  county,  upon 
the  same  petitions  and  subject  to  the  conditions  and  restric- 
tions provided  in  the  next  preceding  section. 

1803.  Trustees  for  new  district.  Whenever  any  new  dis- 
trict shall  be  created  by  the  board  of  county  commissioners, 
said  board  shall  forthwith  appoint  three  trustees  of  said  dis- 
trict, who  shall  be  qualified  electors  therein,  to  serve  until  the 
next  ensuing  regular  election  for  trustees. 


CHAPTER  5. 

ELECTION  OF  TRUSTEES. 

1804.  Election  of  trustees  and  term  of  office.  Oath  and 
bond.  Except  in  cities  of  the  first  and  of  the  second  class, 
there  shall  be  held  an  annual  election  on  the  second  Monday 
in  July,  in  each  school  district.  At  such,  election  there  shall 
be  elected  by  the  registered  voters  residing  in  such  school  dis- 
trict one  school  trustee  to  serve  for  the  term  of  three  years 


22  SCHOOL   LAW 

and  until  his  successor  is  elected  and  qualified.  In  each  newly 
organized  district,  at  the  first  annual  school  election  occurring 
after  such  organization,  there  shall  be  elected  three  trustees, 
one  for  three  years,  one  for  two  years,  and  one  for  one  year, 
and  until  their  successors  are  elected  and  qualified;  and  an- 
nually thereafter  there  shall  be  elected,  at  such  annual  election, 
one  trustee  to  hold  office  for  three  years  and  until  his 
successor  is  elected  and  qualified.  Trustees  shall  qualify  by 
taking  and  subscribing  the  oath  of  office  and  giving  bonds  to 
the  district  in  which  they  reside,  in  such  sums  and  with  such 
sureties  as  the  county  clerk  of  the  county  wherein  said  school 
district  is  situated,  may  approve,  conditioned  for  the  faithful 
discharge  of  the  duties  of  their  office;  the  oath  of  office  and 
bonds  to  be  filed  with  said  clerk. 

Ballot  to  state  terra. 

The  ballots  used  at  such  election  shall  state  the  names  of 
the  persons  and  the  office,  and  the  length  of  the  term  voted  for. 

1805.  Organization  of  school  board.  The  trustees,  or  any 
two  of  them  whose  official  bonds  have  been  approved,  shall 
constitute  a  quorum  for  the  transaction  of  business.  They 
shall  meet  and  organize  within  twenty  days  after  their  elec- 
tion or  appointment,  by  appointing  one  of  their  number  chair- 
man, another  clerk,  and  another  treasurer,  and  shall  at  once 
notify  the  county  superintendent  of  such  organization.  Said 
trustees  when  thus  organized,  shall  constitute  the  district 
school  board.  The  treasurer  shall  give  bond  to  the  district 
with  sufficient  sureties  and  for  a  sufficient  amount,  to  be  ap- 
proved by  the  board  of  trustees  and  filed  with  the  county 
clerk. 

« 

1806.  School  elections,  how  called.  Meetings  for  the 
election  of  trustees  of  district  schools  and  for  voting  on  the 
rate  per  cent  of  taxes  to  be  assessed,  and  on  the  question  of 
issuing  bonds,  shall  be  called  by  the  trustees  causing  notices 
to  be  posted  in  at  least  three  public  and  conspicuous  places 
within  the  district,  at  least  twenty  days  before  the  time  for 


SCHOOL    LAW  23 

folding  such  meeting.  Such  notice  shall  state  the  time,  place, 
and  object  of  such  meeting,  and  the  officers  to  be  elected,  and 
if  the  polls  are  to  be  opened  at  any  such  meeting  to  deter- 
mine any  question,  the  notice  shall  state  the  hours  at  which 
the  polls  will  be  opened  and  closed. 

Business  confined  to  object  stated  in  notice. 

All  business  transacted  at  such  meeting  other  than  speci- 
fied in  said  notice  shall  be  void.  The  voting  at  such  meeting 
shall  be  by  secret  ballot. 

1807.  Id.  County  clerk  to  furnish  registration  list. 
Judges.  Foils.  It  shall  be  the  duty  of  the  county  clerk  to  fur- 
nish the  board  of  trustees  of  the  district  at  least  five  days  pre- 
vious to  the  day  of  election,  a  certified  copy  of  the  registration 
list,  showing  the  names  of  all  registered  voters  residing  in  the 
election  districts  covered  in  whole  or  in  part  by  such  school 
district. 

Judges  and  clerk  of  election. 

The  board  of  trustees  of  the  district  shall  act  as  judges 
of  election,  and  the  clerk  of  the  district  school  board  shall  act 
as  clerk.  The  polls  shall  be  kept  open  during  at  least  four  suc- 
cessive hours  on  the  day  of  election.  In  case  of  a  vacancy  oc- 
casioned by  the  absence  of  any  of  the  said  officers  at  any  elec- 
tion for  trustee,  the  registered  voters  who  are  present  at  the 
time  of  opening  the  polls  shall  choose  a  person  to  fill  such 
vacancy. 

1808.  Conduct  of  elections  and  qualifications  of  electors. 
Voting.  Ballots.  School  elections  held  under  the  provisions 
of  this  Chapter  shall  be  conducted,  and  the  qualification  of  elec- 
tors shall  be,  as  provided  in  the  general  election  laws,  except 
as  in  this  Chapter  otherwise  provided.  It  shall  not  be  neces- 
sary to  file  certificates  of  nomination  of  candidates,  nor  to  pub- 
lish a  list  of  nominations.  It  shall  be  the  duty  of  the  county 
clerk  to  furnish  the  board  of  trustees  of  every  school  district 


24  SCHOOL   LAW 

with  a  suffieienl  number  of  plain  envelopes  for  election  pur- 
poses, and  such  envelopes  shall  be  uniform  in  size  and  quality, 
without  any  marks,  -writing,  printing,  or  other  device  upon 
them,  and  no  other  kind  shall  be  used  at  any  election.  Ballots, 
shall  not  be  printed  at  public  expense.  Every  voter  shall  des- 
ignate on  a  single  ballot,  written  or  printed,  the  name  of  the 
person  or  persons  voted  for,  with  a  pertinent  designation  of 
the  office  to  be  filled.  The  ballot  shall  be  neatly  folded  and 
placed  in  one  of  the  envelopes  hereinbefore  provided  for,  and 
shall  be  delivered  to  the  presiding  judge  of  election,  who  shall,. 
in  the  presence  of  the  voter,  on  the  name  of  the  proposed 
voter  being  found  on  the  registry  list  and  on  all  challenges  to* 
such  vote  being  decided  in  favor  of  such  voter,  deposit  it  in 
the  ballot  box  without  any  mark  whatever  being  placed  on 
such  envelope ;  otherwise  the  ballot  shall  be  rejected.  The  reg- 
istry and  poll  lists  shall  be  preserved  by  the  clerk  of  the  school 
board. 

Excess  and  defective  ballots. 

The  ballots  cast  and  those  rejected  as  "excess"  or  "defec- 
tive" shall  be  carefully  sealed  in  a  strong  envelope  and  shall 
be  preserved  by  such  clerk  for  one  year. 

1809.  Id.  Canvass  of  votes.  Ties.  Immediately  after 
the  polls  are  closed,  the  judges  shall  proceed  to  count  and  can- 
vass the  votes  cast  at  such  election,  and  the  person  receiving 
the  highest  number  of  votes  for  trustee  shall  be  declared 
elected.    All  ties  shall  be  decided  by  lot. 

1810.  Id.  Certificate  of  election.  The  clerk  of  the  school 
board  shall,  within  five  days  after  such  election,  furnish  each 
trustee  with  a  certificate  of  election,  a  copy  of  which,  with  the 
oath  of  office,  must  be  forwarded  immediately  to  the  county 
superintendent. 

1811.  Who  qualified  to  vote  for  tax,  bonds,  etc.  Every 
citizen  of  the  United  States  of  the  age  of  twenty-one  years  or 
over  who  has  been  a  resident  of  the  State  of  Utah  for  one  year, 
of  the  county  four  months,  and  of  the  school  district  for  sixty 


SCHOOL   LAW  25 

<3ays,  both  immediately  preceding  the  day  on  which  any  meet- 
ing is  held  for  the  purpose  of  voting  on  the  question  of  levying 
a  special  tax  or  issuing  dodcIs  for  any  school  district,  or  high 
school  district,  or  for  selecting  a  schoolhouse  site,  and  who  has 
paid  a  property  tax  in  said  district  during  the  year  next  pre- 
ceding, shall  be  entitled  to  vote  at  any  such  meeting. 

Vacancies. 

1812.  Filling-  vacancies  in  school  board.  Should  a  vacancy 
occur  in  the  office  of  trustee  of  a  school  district,  the  remain- 
ing trustees  shall  immediately  appoint  some  qualified  elector 
of  the  district  to  fill  the  vacancy,  and  such  appointee  shall 
qualify  and  serve  until  the  next  school  election,  and  until  his 
successor  is  elected  and  qualified ;  provided,  that  in  case  two 
or  more  vacancies  occur  at  the  same  time  in  the  office  of  trus- 
tee in  any  school  district,  the  board  of  county  commissioners 
of  the  county  in  which  such  district  is  situated  shall  fill  such 
vacancies. 

1813.  Id.  A  vacancy  in  the  office  of  trustee  vacates  the 
office  which  such  trustee  held  in  the  school  board,  and  such 
vacancy  shall  be  filled  by  appointment  of  the  board. 

1814.  Resignation.  Removals  from  district,  etc.  Any 
officer  of  a  school  district  may  resign,  but  such  resignation 
shall  not  take  effect  until  his  successor  has  qualified  according 
to  law.  Any  office  of  a  school  district  shall  be  deemed  vacant 
if  the  person  duly  elected  or  appointed  thereto  shall  remove 
from  the  district,  or  neglect  or  refuse,  for  the  period  of  twenty 
days  after  such  election  or  appointment,  to  accept  and  qualify 
for  such  office. 


CHAPTER  6. 
POWERS  AND  DUTIES  OF  TRUSTEES. 
1815.     School  funds  and  school  libraries.     The  school  dis- 


I?t>  SCHOOL   LAW 

trie!  board  shall  have  general  charge,  direction,  and  manage- 
ment of  the  schools  of  the  district,  and  the  care,  custody,  and 
control  of  all  property  belonging  to  the  district,  subject  to 
the  provisions  of  the  law.  It  may  annually  order  to  be  raised 
on  the  taxable  property  of  the  district,  not  to  exceed  one  per 
c<  lit  for  the  support  of  schools,  to  defray  current  expenses  and 
to  purchase  text  books.  It  shall  have  the  power  to  establish 
and  maintain  school  libraries,  which  in  districts  that  have  no. 
free  library  or  reading  room  may  be  opened  to  the  public  under 
Mich  regulations  as  the  board  may  provide.  For  the  purpose 
of  purchasing  books  and  magazines  for  these  school  libraries, 
the  board  shall  set  aside  annually  from  the  tax  herein  provided 
an  amount  equal  to  fifteen  cents  per  capita  for  each  child  in  the 
district  between  the  ages  of  six  and  eighteen  years,  inclusive, 
the  computation  being  based  on  the  school  census  at  the  time 
when  the  tax  is  levied ;  provided,  that  the  library  fund  thus  cre- 
ated shall  be  expended  under  the  direction  of  the  State  Board 
of  Education  for  such  books  and  magazines  as  they  shall  rec- 
ommend and  under  such  regulations  as  they  may  prescribe ; 
provided,  further,  that  this  act  shall  apply  to  all  school  dis- 
tricts outside  of  cities  of  the  first  and  second  class. 

1815x.  Trustees  may  levy  taxes  to  pay  judgment  ob- 
tained for  taxes  illegally  collected.  When  any  judgment 
is  obtained  in  a  court  of  competent  jurisdiction  against  a  school 
district  for  taxes  unlawfully  collected  for  and  received  by  such 
school  district,  or  when  there  are  no  funds  for  the  payment  of 
warrants  issued  by  the  trustees  of  any  school  district  to  refund 
taxes  unlawfully  collected  for  and  received  by  such  school  dis- 
trict, the  trustees  of  any  such  school  district  shall,  in  addition 
to  all  other  taxes  which  they  are  empowered  to  levy,  order  to 
be  raised  upon  the  taxable  property  in  such  school  district  a 
sufficient  amount  of  revenue  to  pay  such  judgment  and  war- 
rants. 

Such  order  may  be  made  on  or  before  the  first  day 
of  May  of  any  year  after  the  rendition  of  such  judgment  or  the 
issuance  of  such  warrants. 

1816.     To    maintain,    locate,    or    discontinue    schools.     It 


SCHOOL   LAW  27 

shall  organize,  maintain  and  conveniently  locate  schools  for 
the  education  of  the  children  of  school  age  within  the  district, 
or  change  or  discontinue  any  of  them  according  to  law. 

1817.  To  make  repairs,  furnish  supplies,  etc.  It  shall 
make  all  necessary  repairs  to  the  school  houses,  outbuildings, 
and  appurtenances,  and  furnish  fuel  and  necessary  supplies  for 
the  schools. 

1818.  To  furnish  text  books,  furniture,  etc.  The  school 
board  shall  furnish  all  necessary  and  suitable  furniture,  maps, 
charts,  apparatus,  and  reference  books.  It  shall  have  power  to 
establish  and  support  school  libraries ;  to  purchase,  exchange, 
and  improve  the  school  apparatus,  books,  furniture,  fixtures, 
and  all  other  school  supplies  in  said  schools.  It  shall  supply 
and  loan  to  pupils  in  the  several  grades  and  departments  of 
said  schools,  free  of  charge,  except  high  schools,  all  school  text 
books  and  supplies  used  by  the  pupils  of  said  schools.  It  shall 
collect  all  books  and  apparatus  loaned  to  pupils  of  the  public 
schools  of  any  such  district,  or  damages  for  the  loss,  injury  or 
destruction  of  the  same  caused  by  carelessness  or  improper 
conduct. 

Blanks  to  be  furnished  by  State. 

The  school  register  and  all  school  blanks,  except  those 
used  solely  for  district  and  county  purposes,  shall  be  those 

furnished  by  the  State  Superintendent ;  provided,  that  said 
school  board  shall  purchase  all  school  text  books  now  remain- 
ing in  the  hands  of  the  merchants  and  pupils  of  their  respective 
district  at  the  introductory  or  exchange  price. 

1819.  To  employ  teachers.  Dismissal.  It  shall  employ 
the  teachers  of  the  schools  of  the  district,  and  may  dismiss  any 
teacher  for  violation  of  contract,  immorality,  or  neglect  of 
duty.  Every  contract  for  the  employment  of  a  teacher  must  be 
in  writing,  but  no  such  contract  shall  extend  beyond  the  thir- 
tieth day  of  June  next  following.  The  county  superintendent 
shall  be  informed  immediately  of  the  engagement  or  dismissal 
of  any  teacher. 


28  SCHOOL  LAW 

Teachers'  visiting  day. 

It  shall  have  power  to  grant  to  the  teacher  or  teachers  a 
day  each  term  for  the  purpose  of  visiting  other  schools;  pro- 
vided, that  such  visits  shall  be  made  under  the  direction  of 
the  school  board. 

1820.  To  admit  pupils  from  other  districts,  make  rules, 
etc.  It  shall  have  power  to  admit  to  the  schools  in  the  district 
pupils  from  other  districts  when  it  can  be  done  without  in- 
juring or  overcrowding  such  schools,  and  shall  have  power  to 
make  regulations  for  their  admission  and  to  charge  and  col- 
lect reasonable  fees  for  their  tuition.  It  shall  have  power  to 
arrange  with  the  board  of  an  adjacent  district  for  sending  to 
such  district  such  pupils  as  can  be  conveniently  taught  therein, 
when  for  any  cause  such  pupils  cannot  be  conveniently  taught 
in  the  district  where  they  reside,  and  for  paying  their  tuition. 

Distribution  and  transfer  of  pupils. 

It  shall  also  have  power  to  make  proper  and  needful  rules 
for  the  assignment  and  distribution  of  pupils  to  and  among 
the  schools  in  the  district  and  their  transfer  from  one  school 
to  another. 

1821.  To  assist  in  governing  schools.  Suspensions  and 
expulsions.  It  shall  assist  and  co-operate  with  teachers  in  the 
government  and  discipline  of  the  schools,  and  in  connection 
with  the  county  superintendent  make  proper  rules  and  regula- 
tions therefor. 

Expulsion  or  suspension  of  pupils. 

It  may  suspend  or  expel  from  school  any  insubordinate  or 
habitually  disobedient  pupil;  provided,  such  suspension  or 
expulsion  shall  not  be  for  a  longer  period  than  ten  days,  nor 
beyond  the  end  of  the  current  term  of  school,  unless  in  the 
judgment  of  the  board  such  pupil  is  incorrigible. 

1822.  To  permit  use  of  schoolhouse  for  other  purposes. 


SCHOOL   LAW  29 

It  may  permit  a  schoolhouse,  when  not  occupied  for  school 
purposes,  to  be  used  for  any  purpose  which  will  not  interfere 
with  the  seating  or  other  furniture  or  property;  and  shall  make 
such  charges  for  the  use  of  the  same-  as  it  may  decide  to  be 
just ;  but  for  any  such  use  or  privilege  the  district  shall  not  be 
at  any  expense  for  fuel  or  otherwise. 

1823.  School  sites  and  buildings.  When  necessary  for 
the  welfare  of  the  schools  of  the  district,  or  to  provide  proper 
school  privileges  for  the  children  therein,  or  whenever  peti- 
tioned so  to  do  by  one-fourth  of  the  resident  tax  payers  of 
the  district,  the  board  shall  call  a  meeting  of  the  qualified 
voters,  as  defined  in  section  eighteen  hundred  and  eleven,  at 
some  convenient  time  and  place  fixed  by  the  board,  to  vote 
upon  the  question  of  selection,  purchase,  exchange,  or  sale  of  a 
school  house  site,  or  the  erection,  removal,  purchase,  exchange. 
or  sale  of  a  schoolhouse,  or  for  payment  of  teachers'  salaries, 
or  for  the  current  expenses  of  maintaining  schools.  The  chair- 
man of  the  board  shall  be  chairman,  and  the  clerk  of  the 
board,  secretary  of  such  meeting.  In  case  either  of  these 
officers  is  not  present,  his  place  shall  be  filled  by  some  one 
chosen  by  the  voters  present.  Notice,  stating  the  time,  place 
and  purpose  of  such  meeting,  shall  be  posted  in  three  public 
places  in  the  district  by  the  clerk  of  the  district  board  at  least 
twenty  days  prior  to  such  meeting.  If  a  majority  of  such  vot- 
ers present  at  such  meeting  shall  by  vote  select  a  schoolhouse 
site,  or  shall  be  in  favor  of  the  purchase,  exchange,  or  sale  of  a 
designated  schoolhouse  site,  or  of  the  erection,  removal,  or  sale 
of  a  schoolhouse,  as  the  case  may  be,  the  board  shall  locate, 
purchase,  exchange  or  sell  such  site,  or  erect,  remove,  or  sell 
such  schoolhouse,  as  the  case  may  be,  in  accordance  with  such 
vote ;  provided,  that  it  shall  require  a  two-thirds  vote  to  order 
the  removal  of  a  schoolhouse. 

Provided,  that  no  schoolhouse  shall  hereafter  be  erected  in 
any  school  district  of  this  State  not  included  in  cities  of  the 
first  and  second  class,  and  no  addition  to  a  school  building  in 
any  such  place  the  cost  of  which  schoolhouse  or  addition  there- 
to shall  exceed  $1,000,  shall  hereafter  be  erected,  until  the 
plans  and   specifications   for  the   same   shall   have  been    suit- 


30  SCHOOL   LAW 

mitted  to  a  commission  consisting  of  the  State  Superintendent 
<>l  Public  Instruction,  the  Secretary  of  the  State  Board  of 
Health,  ami  an  architect  to  be  appointed  by  the  Governor,  and 
their  approval  endorsed  thereon.  Such  plans  and  specifica- 
tions shall  show  in  detail  the  ventilation,  heating,  and  lighting- 
of  such  buildings.  The  commission  herein  provided  shall  not 
approve  any  plans  for  the  erection  of  any  school  building  or 
addition  thereto  unless  the  same  shall  provide  at  least  fifteen 
square  feet  of  floor  space  and  two  hundred  cubic  feet  of  air 
space  for  each  pupil  to  be  accommodated  in  each  study  or  reci- 
tation  room  therein,  and  no  such  plans  shall  be  approved  by 
them  unless  provision  is  made  therein  for  assuring  at  least 
thirty  feet  of  pure  air  every  minute  for  each  pupil  and  the 
facilities  for  exhausting  the  foul  or  vitiated  air  therein  shall 
In  positive  and  independent  of  atmospheric  change.  No 
t,;\  voted  by  a  district  meeting  or  other  competent  authority 
in  any  such  school  district  shall  be  levied  by  the  trustees  until 
the  commission  shall  certify  that  the  plans  and  specifications 
for  the  same  comply  with  the  provisions  of  this  Act.  All  school 
houses  for  which  plans  and  detailed  statements  shall  be  filed 
and  approved,  as  required  by  this  Act,  shall  have  all  halls, 
doors,  stairways,  seats,  passageways,  and  aisles,  all  light- 
ing and  heating  appliancese  and  apparatus  arranged  to 
facilitate  egress  in  cases  of  fire  or  accident,  and  to  afford  the 
requisite  and  proper  accommodations  for  public  protection 
in  such  cases. 

No  schoolhouse  shall  hereafter  be  built  with  the  furnace  or 
heating  apparatus  in  the  basement  or  immediately  under  such 
school  building. 

Compensation.    Expenses. 

Section  2.  The  commission  herein  provided  shall  serve 
without  compensation,  but  shall  receive  their  actual  and  neces- 
sary expenses  incurred  in  the  performance  of  their  official 
duties,  except  the  architect,  who  shall  receive  as  above  provided 
and  four  dollars  per  day  while  attending  meetings  of  the 
commission,  the  amount  for  which  shall  be  verified  on  oath 
and  paid  from  the  state  school  fund. 


SCHOOL   LAW  31 

1824.  Organizing  new  school.  If  a  petition,  signed  by 
the  persons  charged  with  the  support  and  having  the  cus- 
tody and  care  of  fifteen  or  more  children  of  school  age,  all  of 
whom  reside  two  miles  or  more  from  the  nearest  school,  be 
presented  to  the  board  asking  for  the  organization  of  a  school 
for  such  children,  the  board  may  organize,  equip,  and  main- 
tain such  school  and  employ  a  teacher  therefor. 

1825.  Length  of  time  for  holding  school.  The  district 
board  shall  determine  and  fix  the  length  of  time  the  school  in 
the  district  shall  be  taught  in  each  year,  and  when  each  term 
shall  begin  and  end.  It  shall  so  arrange  such  terms  as  to  ac- 
commodate and  furnish  school  privileges  equally  and  equitably 
to  pupils  of  school  age ;  provided,  that  every  district  school 
shall  be  kept  in  session  not  less  than  two  terms  in  each  school 
year;  and,  provided  further,  that  any  school  may  be  discon- 
tinued when  the  average  attendance  of  pupils  therein  for 
twenty  consecutive  days  shall  be  less  than  eight,  or  when,  with 
the  consent  of  a  majority  of  the  patrons  of  such  school,  proper 
and  convenient  school  facilities  can  be  provided  for  the  pupils 
in   some   other  school. 

1826.  Annual  school  census.  The  board  shall  cause  the 
«lerk  to  make  and  transmit  to  the  county  superintendent,  be- 
tween the  first  and  third  Monday  in  July  of  each  year,  an  enu- 
meration, subscribed  and  sworn  to  by  said  clerk,  of  all  persons 
over  six  and  under  eighteen  years  of  age  residing  in  the  dis- 
trict, giving: 

1.  The  name,  age,  sex,  and  color  of  each  person. 

2.  The  number  attending  district  schools. 

3.  The  number  attending  private  schools. 

4.  Such  other  facts  as  may  be  required  by  law  or  by  the 
county  superintendent. 

Such  report  shall  include  a  list  stating  the  names,  ages, 
postoffice  addresses,  and  the  names  of  the  parents  or  guar- 
dians, of  all  persons  over  the  age  of  five  and  under  the  age  of 
thirty  years  residing  in  such  school  district  too  deaf,  too  dumb, 
or  too  blind  to  receive  an  education  in  the  public  schools. 

1827.  Setting  out  shade  trees.     It  shall  be  the  duty  of  the 


32  SCHOOL   LAW 

district  board  to  cause  to  be  set  out  and  properly  protected 
as  many  shade  trees  as  the  size,  location,  and  arrangement  of 
the  school  lot  will  justify,  and  such  expense  shall  be  paid 
from  the  special  school  fund.  It  shall  be  the  duty  of  the 
county  superintendent  to  see  that  this  requirement  is  com- 
plied with. 

1827x.  Outhouses  on  school  grounds  to  be  kept  in  sani- 
tary condition.  It  shall  be  the  duty  of  the  board  of  trustees 
of  each  school  district  in  the  State  to  provide  all  outhouses 
upon  the  school  grounds,  and  which  are  not  connected  with  a 
sewer  system,  or  cess  pool,  with  the  dry  earth  system  of  privy 
vaults  and  to  provide  at  all  times  a  supply  of  dry  earth  in  such 
outhouses  sufficient  to  comply  with  the  requirements  of  such 
system,  and  must  cause  such  vaults  to  be  emptied  at  least  once 
every  month,  and  oftener  during  the  school  year  if  in  the 
opinion  of  the  district  health  officer  it  is  necessary,  and  shall 
maintain  all  such  outhouses  in  a  sanitary  condition. 

1828.     Records  and  reports  of  board.     Compsnisation.     It 

shall  be  the  duty  of  the  district  board  to  keep  an  accurate  jour- 
nal of  its  proceedings,  an  account  of  all  moneys  paid  to  the 
treasurer  and  of  all  moneys  paid  on  orders  drawn  on  the  treas- 
urer, and  prepare  and  cause  to  be  presented  to  the  voters  at  the 
regular  annual  meeting  held  on  the  second  Monday  in  July  of 
each  year,  a  statement,  under  oath,  showing: 

1.  The  moneys  on  hand  at  the  date  of  the  last  annual  re- 
port, the  moneys  received  by  the  treasurer  since  such  report 
and  from  what  sources  received. 

2.  The   amount  of  sinking  fund  and  how  invested. 

3.  The  amount  paid  out,  to  whom  and  for  what  paid. 

4.  The  balance  of  school  moneys  in  the  hands  of  the 
treasurer. 

5.  The  number,  date  and  amount  of  every  bond  issued 
or  redeemed  under  the  authority  given  in  this  title,  and  the 
amount  received  or  paid  therefor,  to  which  statement  shall  be 
added  a  report  showing  the  management  and  condition  of  the 
schools  in  the  district  during  the  preceding  year. 


SCHOOL   LAW  33 

File  reports   with   county   superintendent. 

A  copy  of  such  statement  and  report,  together  with  such 
other  reports  as  may  be  required  by  the  State  Superintendent, 
and  for  which  blank  forms  have  been  provided,  shall,  on  or  be- 
fore the  fifteenth  day  of  July  of  each  year,  be  filed  with  the 
county  superintendent. 

Vouchers.    Compensation  of  trustees. 

They  shall  also  present,  with  their  statement  to  the  super- 
intendent, vouchers  for  all  moneys  paid  out;  provided,  that 
trustees  shall  each  receive  such  compensation  for  their  services 
as  may  be  voted  at  such  meeting. 

1829.  Physiology  and  hygiene.  It  shall  be  the  duty  of 
all  boards  of  education  and  trustees  in  charge  of  schools  and 
educational  institutions  supported  in  whole  or  in  part  by  pub- 
lie  funds  to  make  provision  for  systematic  and  regular  instruc- 
tion in  physiology  and  hygiene,  including  special  reference  to 
the  effects  of  stimulants  and  narcotics  upon  the  human  system. 

1829x.  Sanitation  and  the  cause  and  prevention  of  dis- 
ease shall  be  taught.  That  there  shall  be  established  in  the 
Normal  Schools  of  the  State,  and  in  the  public  schools,  begin- 
ning with  the  eighth  grade,  a  course  of  instruction  upon  the 
subjects  of  sanitation,  and  the  cause  and  prevention  of  dis- 
ease. 

It  shall  be  the  duty  of  the  State  Board  of  Education  and 
the  State  Board  of  Health,  acting  conjointly,  to  prepare  a 
course  of  study  to  carry  out  the  provisions  of  this  Act. 


CHAPTER  140. 

Session  Laws,   1911. 

Section  1.     It  shall  be  the  duty  of  every  teacher  engaged 
in  teaching  in  the  public  schools  of  the  State,  separately  and 


34  SCHOOL   LAW 

carefully,  to  test  and  examine  every  child  under  his  jurisdic- 
tion to  ascertain  if  such  child  is  suffering  from  defective  sight 
or  hearing,  or  diseased  teeth,  or  breathes  through  its  mouth. 
If  such  lest  determines  that  any  child  has  such  defect,  it  shall 
be  the  duty  of  the  teacher  to  notify,  in  writing,  the  parent  of 
the  child  of  such  defect  and  explain  to  such  parent  the  neces- 
sity of  medical  attendance  for  such  child. 

Section  2.  The  State  Board  of  Health  shall  prescribe  rules 
for  making  such  tests,  and  shall  furnish  to  Boards  of  Education 
and  Boards  of  Trustees  of  School  Districts,  rules  of  instruction, 
test  cards,  blanks  and  other  useful  appliances  for  carrying  out 
the  purposes  of  this  Act. 

Section  3.  During  the  first  month  of  each  school  year, 
after  the  opening  of  school,  teachers  must  make  the  tests  re- 
quired by  this  Act  upon  the  children  then  in  attendance  at 
school;  and  thereafter,  as  children  enter  school  during  the 
year,  such  tests  must  be  made  immediately  upon  their  en- 
trance. 

Section  4.  It  shall  be  the  duty  of  the  Boards  of  Educa- 
tion and  Boards  of  Trustees  of  the  several  school  districts  of 
the  State  to  enforce  the  provisions  of  this  Act. 

Section  5.  The  Board  of  Education  or  Board  of  Trustees 
of  any  school  district  may  employ  regularly  licensed  physi- 
cians to  make  the  tests  required  by  Section  1  of  this  Act, 
and  when  such  tests  are  made  by  a  physician,  the  teachers 
shall  not  be  required  to  make  the  tests  provided  for  in  Sec- 
tion 1  of  this  Act. 


CHAPTER  31. 

Session  Laws,  1911. 

Section   1.     Each   county  within  the  State,   except   such 
counties  as  are  constituted  school  districts  of  the  first  class, 


SCHOOL   LAW  35 

shall  constitute  a  high  school  district  until  sub-divided  as  here- 
inafter provided;  provided,  however,  that  cities  .of  the  first 
and  second  class  within  any  such  county  shall  not  be  included 
in  any  such  high  school  district;  provided,  however,  that  any 
common  or  high  school  district  which  is  now  maintaining  a 
high  school  shall  continue  with  all  the  power  and  authority 
now  possessed  by  such  district  for  the  purpose  of  levying  the 
necessary  tax  for  maintaining  such  high  school  for  the  school 
year  1911-1912,  as  well  as  for  the  purpose  of  maintaining  such 
high  school  for  such  period,  and  to  that  extent  any,  such  dis- 
trict shall  not  be  affected  by  any  provision  of  this  Act  or  by 
anything  done  by  the  board  of  county  commissioners  under  the 
authority  of  this  Act. 

Sec.  2.  Within  sixty  days  after  the  approval  of  this  act 
each  county,  superintendent  of  district  schools  shall  report  to 
the  board  of  county  commissioners  as  to  whether  or  not,  in 
his  opinion,  the  county  should  remain  one  high  school  district. 
If  in  his  opinion,  the  county  should  be  sub-divided  into  two 
or  more  high  school  districts,  then  he  shall  recommend  to  the 
board  of  county  commissioners  a  plan  of  sub-dividing  such 
county  into  high  school  districts. 

Sec.  3.  Upon  receipt  of  such  report  and  recommendations 
the  board  of  county  commissioners  shall  set  a  day  for  hearing 
the  same,  which  shall  be  not  less  than  thirty  days  nor  more 
than  sixty  days  from  the  day  of  setting,  and  shall  give  public 
notice  of  such  hearing  by  publication  at  least  twenty  days  be- 
fore the  day  of  hearing  in  a  newspaper  published  in  such 
county.  If  there  be  no  newspaper  published  in  such  county, 
then  by  posting  at  least  five  notices  in  each  common  school 
district  within  such  county  for  such  period ;  such  notice  shall 
describe  the  proposed  plan  of  sub-division  of  the  county  into 
high  school  districts  in  such  manner  that  it  may  be  clearly 
understood. 

Sec.  4.  Any  registered  voter  who  is  a  taxpayer  within 
such  county  may  on  or  before  the  day  set  for  hearing  the 
recommendations  of  the  county  superintendent,  file  written 
objections  to  such  recommendations  of  the  county  superintend- 
ent, stating  therein  his  reasons  for  such  objections. 


36  SCHOOL  LAW 

Sec.  5.  Upon  the  day  set,  or  upon  such  other  day  to  which 
the  hearing  may  be  adjourned,  the  board  of  county  commis- 
sioners must  hear  the  said  recommendations  and  objections,  if 
any;  at  which  hearing  the  fullest  latitude  must  be  given  for 
the  purpose  of  getting  all  the  facts  before  the  board  so  it 
may  determine  the  question  in  such  manner  as  to  permit  the 
establishment  of  high  schools  at  such  place  or  places  within 
the  county  as  will  best  accommodate  the  prospective  students 
at  such  high  schools. 

Sec.  6.  After  a  full  hearing  of  the  question  the  board  of 
county  commissioners  shall  enter  an  order,  either  continuing 
The  county  as  one  high  school  district,  or  sub-diviidng  the 
county  into  two  or  more  high  school  districts.  If  the  county 
is  sub-divided  it  shall  be  clone  in  such  manner  that  two  or  more 
common  school  districts  shall  constitute  one  high  school  dis- 
trict. Provided,  that  no  common  school  district  now  maintain- 
ing a  high  school  shall  be  annexed  to  another  school  district 
now  maintaining  a  high  school  without  the  approval  of  a  ma- 
jority of  the  registered  voters  expressed  at  a  meeting  to  be 
called  for  that  purpose.  If,  in  creating  such  high  school  dis- 
trict, any  common  school  district  having  a  school  population  of 
over  five  hundred  which  is  now  maintaining  a  high  school,  is 
so  situated  that  it  would  in  the  opinion  of  the  board  of  county 
commissioners,  not  be  desirable  to  include  such  district  in  any 
high  school  district,  then  such  district  may  remain  separate 
from  any  high  school  district,  and  a  high  school  may  be  main- 
tained therein  under  the  provisions  of  sec.  14  of  this  act;  said 
district  shall  not  be  annexed  to  another  high  school  district  ex- 
cept by  a  majority  of  its  qualified  electors.  Each  high  school 
district  shall  be  named,  and  by  such  name  shall  constitute  a 
body  corporate. 

Sec.  7.  The  board  of  control  of  each  high  school  district 
shall  be  designated  as  the  board  of  education.  It  shall  be 
composed  of  the  county  superintendent  of  schools,  and  any 
member  of  the  board  of  trustees  of  each  common  school  district 
within  the  high  school  district,  who  shall  be  elected  by  the 
board  of  trustees  of  such  common  school  district. 


'SCHOOL  LAW  37 

Sec.  8.  The  board  of  education  shall  meet  and  organize 
-by  the  election  of  one  of  its  members  as  president,  and  another 
as  vice-president.  It  shall  also  elect  a  clerk  and  a  treasurer. 
The  clerk  and  treasurer  shall  each  give  a  bond  in  such  sum  as 
shall  be  fixed  by  the  board  of  education.  The  duties  of  the 
president  of  the  board  shall  be  as  defined  in  Section  1891x15; 
■and  the  duties  of  the  clerk  shall  be  as  defined  in  Section 
1891x17 ;  and  the  duties  of  the  treasurer  shall  be  as  defined  in 
Section  189x18,  of  the  Compiled  Laws  of  Utah,  1907. 

Sec.  9.  Immediately  after  the  establishment  of  each 
high  school  district  the  board  of  education  shall  call  an  elec- 
tion by  giving  at  least  twenty  days  notice  thereof,  for  the 
purpose  of  submitting  to  the  qualified  electors  of  such  high 
school  district  the  following  questions: 

1.  Shall  the  high  school  district  establish  and  maintain 
one  or  more  high  schools  within  the  district  ?  If  more  than 
one  high  school  is  to  be  established  and  maintained,  then  the 
proposed  number  must  be  stated. 

2.  At  what  place  or  places  in  the  high  school  district 
shall  high  schools  be  established  and  maintained? 

Sec.  10.  Notice  of  such  election  shall  be  given  by  posting 
at  least  five  notices  in  each  common  school  district  within  the 
high  school  district.  At  such  election,  as  well  as  at  all  elec- 
tions held  in  high  school  districts,  the  board  of  trustees  of  the 
common  school  districts  shall  act  as  judges  of  election,  and  at 
the  conclusion  of  such  election  shall  immediately  canvass  the 
votes  cast  at  the  election  and  certify  the  results  thereof  to  the 
board  of  education  of  the  high  school  district.  At  such  election 
the  polls  shall  remain  open  from  2  o'clock  p.  m.  until  6  o'clock 
p.   m. 

Sec.  11.  If,  at  such  elections,  a  majority  of  the  qualified 
electors  shall  have  voted  in  favor  of  the  establishment  and 
maintenance  of  one  or  more  high  schools  in  such  district,  then 
the  board  of  education  shall  establish  such  high  school  or 
schools,  and  are  authorized  to  levy  a  tax  on  all  taxable  prop- 
erty in  the  district  for  the  support  thereof,  in  any  amount 
not  exceeding  five  mills  on  the  dollar. 


38  SCHOOL   LAW 

Sec.  12.  The  board  of  education  shall  have  the  power 
ami  authority  to  purchase  and  sell  schoolhouae  sites  and  im- 
provements thereon;  to  construct  and  erect  school  buildings,, 
and  to  furnish  the  same;  to  establish  and  maintain  high  schools. 
at  su.h  places  as  they  may  be  authorized  by  a  vote  of  the 
qualified  electors  of  the  district;  to  establish  and  support 
school  libraries;  to  purchase  all  necessary  high  school  appara- 
tus, books,  and  school  supplies;  to  levy  annually  upon  all  the- 
taxable  property  in  the  district  a  tax  not  exceeding  five  mills 
on  the  dollar,  or  such  other  or  further  tax  as  shall  have  been 
authorized  by  a  vote  of  the  qualified  electors  of  the  district  at 
an  election  regularly  called;  to  provide  for  the  transportation 
of  such  students  as  reside  too  far  from  the  high  school  to  walk 
thereto;  to  do  all  things  needful  for  the  maintenance  and 
success  of  the  high  school;  and  adopt  by-laws  and  rules  for 
the  procedure  of  the  board,  and  make  and  enforce  all  needful 
rules  for  the  control  and  maintenance  of  high  schools  in  the 
district,  or  to  admit  students  from  other  high  school  districts, 
upon  such  terms  as  may  be  equitable  and  just. 

Sec.  13.  The  board  of  education  shall,  on  or  before  the 
first  day  of  May  of  each  year,  certify  to  the  county  officers 
charged  with  the  assessment  and  collection  of  taxes  for  gen- 
eral county  purposes,  the  amount  of  taxes  levied  upon  the 
taxable  property  within  the  high  school  district  for  the  cur- 
rent year;  and  such  officers  shall  assess  and  collect  the  taxes 
so  levied  at  the  time  and  in  the  manner  that  other  taxes  are 
assessed  and  collected. 

Sec.  14.  If  any  common  school  district  having  a  school 
population  of  over  five  hundred  shall  not  be  included  within  a 
high  school  district,  such  district  may  establish  and  maintain 
a  high  school  in  which  pupils  may  be  instructed  in  branches 
prescribed  for  a  high  school  course. 

Sec.  15.  The  state  board  of  education  shall  prescribe  the 
course  of  study  for  all  high  schools  established  under  the  pro- 
visions of  this  act. 

Sec.  16.  The  state  text  book  commission  shall  adopt  the 
text  books  to  be  used  in  such  high  schools. 


SCHOOL    LAW  39 

■ 
Sec.  17.  The  board  of  education  may,  when  in  its  judg- 
ment it  is  advisable,  or  shall,  when  petitioned  by  ten  per  cent 
■of  the  resident  tax  payers  of  the  school  district,  as  appears 
by  the  county  assessment  roll  of  the  preceding  year,  call  an 
•election  within  the  high  school  district  and  submit  to  the  quali- 
fied electors  of  the  district  whether  bonds  of  such  district 
■shall  be  issued  and  sold  for  the  purpose  of  raising  money  for 
purchasing  high  school  sites,  for  building  or  purchasing  one 
or  more  schoolhouses,  and  supplying  the  same  with  furniture 
and  necessary  apparatus. 

Sec.  18.  Such  election  shall  be  called  and  conducted  and 
•a  canvass  made  in  accordance  with  the  provisions  of  sections 
1883  to  1887,  both  inclusive,  of  the  Compiled  Laws  of  Utah, 
1907. 

Sec.  19.  If  the  majority  of  the  qualified  electors  voting 
■at  such  election  shall  have  voted  in  favor  of  the  issuance  of 
said  bonds,  then  the  board  of  education  shall  have  the  au- 
thority to  negotiate  and  sell  such  bonds  for  not  less  than  their 
par  value.  The  proceeds  thereof  shall  be  used  exclusively  for 
the  purpose  for  which  the  said  bonds  were  issued. 

Sec.  20.  The  board  of  education  in  its  annual  estimate 
-and  levy  provided  for  in  this  act,  shall  include  an  amount 
sufficient  to  pay  the  interest  as  the  same  accrues  on  all  out- 
standing bonds  issued  by  the  board,  and  also,  after  five  years, 
a  further  annual  tax  for  a  sinking  fund  sufficient  in  amount 
to  pay  such  bonds  at  maturity,  and  for  no  other  purpose. 
Whenever  there  may  be  sufficient  funds  in  the  said  fund  to 
pay  one  or  more  of  said  bonds,  the  board  of  education  may 
purchase  such  bonds  at  the  market  price  thereof. 

Sec.  21.  Bonds  issued  under  the  provisions  of  this  act 
shall  be  a  lien  upon  the  property  of  the  high  school  district 
issuing  them,  and  when  the  board  of  education  neglects  or 
refuses  to  levy  a  tax  in  accordance  with  law  to  meet  the  out- 
standing bonds  or  the  interest  thereon,  the  board  of  county 
commissioners  of  the  county  within  which  such  high  school 
district  is  situated  shall  levy  such  tax  and  apply  the  money 
thus  collected  to  the  payment  of  such  bonds  and  the  interest 
thereon  due. 


■iO  SCHOOL   LAW" 


4 


Sec  22.  If  one  or  more  buildings  shall  be  erected  ire 
any  such  high  school  district,  the  same  must  be  done  in  accord- 
ance with  the  provisions  of  section  1891x42  of  the  Compiled. 
Laws  of  Utah,  1907. 

Sec.  23.  That  Chapter  7,  Title  66,  Compiled  Laws,  of  Utah,. 
L9Q7,  be  and  the  same  is  hereby  repealed.. 


CHAPTER  29. 
Session  Laws,  1911, 

Section  1.  That  there  is  hereby  levied  and  directed  to  be- 
assessed  and  collected  annually  a  State  tax  of  one-half  mill 
on  each  dollar  of  valuation  of  the  taxable  property  in  the- 
State,  for  high  school  purposes;  and  the  assessment  and  collec- 
tion of  said  tax  must  be  performed  in  the  same  manner  and 
at  the  same  time  as  other  taxes  are  assessed  and  collected,  and 
shall  be  apportioned  to  the  several  cities  and  school  districts 
maintaining  high  schools  as  hereinafter  provided. 

Sec.  2.  On  the  first  Monday  in  October  of  each  year  the 
board  of  education  or  school  board  of  any  city  or  school  dis- 
trict in  which  a  high  school  is  established  shall  notify  in  writ- 
ing the  state  board  of  education  of  the  establishment  of  such 
high  school  and  the  intention  of  such  city  or  district  to  claim 
the  benefits  of  the  high  school  fund. 

Sec.  3.  The  state  board  of  education  shall  by  rule  fix  the 
standard  upon  which,  and  the  period  during  the  year  that, 
high  schools  in  this  state  shall  be  maintained  in  order  to  obtain 
any  part  of  the  high  school  fund.  Such  rule  shall  be  fixed  on 
or  before  the  first  day  of  May,  1911 ;  and  thereafter  if  such 
rule  be  amended,  the  amendment  shall  take  effect  on  the  first 
day  of  July  at  least  one  year  after  the  date  of  its  adoption. 
A  copy  of  such  rule  or  amendment  shall  be  furnished  to  each 
city  or  district  establishing  high  schools  immediately  after  its 
adoption. 


SCHOOL   LAW  41 

Sec.  4.  On  the  second  Monday  in  June  of  each  year, 
the  board  of  education  or  board  of  the  city  or  district  in  which 
a  high  school  is  established  and  maintained,  shall  report  to 
the  state  board  of  education,  the  actual  number  of  students 
enrolled  who  have  been  in  actual  attendance  at  such  high 
school  for  a  period  of  at  least  twenty  weeks,  together  with 
the  daily  average  attendance  of  the  students  so  enrolled  during 
such  high  school  year;  which  report  must  be  verified  under 
oath  by  the  president  or  chairman  and  clerk  of  the  board. 
Such  report  shall  also  give  such  additional  information  as  the 
state  board  of  education  may  require  in  order  to  enable  it  to 
determine  the  standard  of  the  school. 

Sec.  5.  On  the  second  Monday  in  June  of  each  year,  the 
state  auditor  shall  report  to  the  state  board  of  education  the 
amount  there  is  on  hand  in  the  state  high  school  fund. 

Sec.  6.  On  the  receipt  of  the  report  of  the  state  auditor, 
as  provided  in  the  next  preceding  section,  the  state  board  of 
education  shall  apportion  *to  the  several  cities  and  school  dis- 
tricts maintaining  high  schools  for  the  required  period  of 
time  and  of  the  standard  fixed  by  the  state  board  of  educa- 
tion the  amount  of  money  then  on  hand  in  the  state  high  school 
fund;  such  apportionment  shall  be  made  according  to  the  num- 
ber of  students  in  attendance  at  each  high  school  who  have 
attended  the  period  of  time  required  by  section  4  of  this  act, 
as  shown  by  the  report  of  the  board  of  education  or  board, 
and  immediately  furnish  to  the  treasurer  of  each  school  board, 
in  cities  or  districts  where  any  such  school  is  maintained,  an 
abstract  of  such  apportionment. 

The  state  board  shall  also  certify  such  appointment  to 
the  state  auditor,  and  upon  receiving  such  certificate,  the  state 
auditor  shall  forthwith  draw  his  warrant  on  the  state  treasurer 
in  favor  of  the  treasurer  of  the  school  board  for  the  amount 
to  which  the  said  city  or  district  is  entitled  under  such  appor- 
tionment. 

Sec.  7.  The  state  board  of  education  shall  appoint  a  com- 
petent person  to  inspect  at  least  twice  during  each  school  year 
all  high  schools  claiming  any  benefits  from  the  high  school 
fund. 


42  SCHOOL   LAW 

Sec.  8.  The  compensation  and  traveling  expenses  of  such 
inspector  shall  be  fixed  by  the  state  hoard  of  education  subject 
to  the  concurrence  of  the  state  board  of  examiners  and  shall 
be  paid  out  of  the  high  school  fund  upon  claims  properly  cer- 
tified  by  the  state  board  of  education  and  approved  by  the 
state   board  of  examiners. 


CHAPTER  8. 
COURSE  OP  STUDY. 

1837x.  Course  of  study  to  be  prescribed.  How.  Within 
thirty  days  after  the  adoption  of  text  books,  the  State  Super- 
intendent of  Public  Instruction,  the  principal  of  the  State 
Normal  School,  and  five  school  superintendents  to  be  appointed 
by  the  State  Board  of  Education,  shall  meet  and  prescribe  a 
course  of  study  for  the  schools  of  the  state  not  included  in 
cities  of  the  first  and  second  class,  and  shall  furnish  free  of 
cost  to  each  county  or  school  district,  the  number  of  courses 
of  study  ordered  by  the  superintendent  of  schools. 

1837x1.  No  compensation.  Expenses.  The  committee 
shall  serve  without  compensation;  provided,  that  the  actual 
and  necessary  expenses  of  the  superintendents  while  attending 
meetings  of  the  committee  shall  be  paid  out  of  the  state  super- 
intendent's contingent  fund. 


CHAPTER  9. 
TEACHERS. 

1838.  Notice  of  opening  and  closing  school.  Every  teacher 
on  commencing  a  term  of  school  shall  give  written  notice  to 
the  county  superintendent  of  the  time  and  place  of  beginning 


SCHOOL   LAW  43 

such  school  and  the  time  it  will  probably  close.  If  such  school 
is  to  be  suspended  for  more  than  one  week  at  any  one  time  in 
said  term,  the  teacher  shall  notify  the  county  superintendent 
of  such  proposed  suspension. 

1839.  No  compensation  to  teacher  who  has  no  certificate. 

No  teacher  shall  be  entitled  to  any  compensation  for  teaching 
in  any  district  school  unless  he  is  the  holder  of  a  certificate, 
valid  and  in  force  in  the  county  where  such  school  is  taught; 
provided,  that  if  a  teacher's  certificate  shall  expire  by  its  own 
limitation  within  six  weeks  of  the  close  of  the  term,  the  holder 
may  finish  such  term  without  re-examination  or  renewal  of 
certificate ;  provided  further,  that  teachers  of  special  subjects 
and  substitutes  employed  temporarily  may  be  paid,  though 
they  hold  no  certificates. 

1840.  Teacher's  certificate  to  be  recorded.  Every  teach- 
er, before  assuming  charge  of  a  school,  shall  present  to  the 
county  superintendent  his  or  her  certificate,  who  shall  record 
in  a  book  provided  for  that  purpose  the  name  of  the  holder, 
the  grade  of  the  certificate,  and  the  date  of  its  expiration. 

1841.  School  register  and  report.  Every  teacher  shall 
keep  a  school  register,  and  at  the  close  of  each  year  make  a 
report  in  such  form  and  containing  such  items  as  shall  be  re- 
quired by  law.  Such  reports  shall  be  made  in  duplicate,  one 
copy  of  which  shall  be  filed  with  the  clerk  of  the  board,  and 
one  copy  with  the  county  superintendent. 

Salary  withheld  till  report  is  filed. 

No  teacher  shall  be  paid  the  last  month's  salary  of  any 
year  until  the  report  for  such  year  shall  be  filed  as  herein  re- 
quired. 

1842.  School  year,  term,  month,  etc.,  defined.  Holidays. 
The  school  year  shall  begin  on  the  first  day  of  July  of  each 
year,  and  close  on  the  last  day  of  June  of  the  year  following.  A 
school  week  shall  consist  of  five  school  days,  a  school  month 
of  twenty  school  days,  and  a  school  term  of  ten  school  weeks. 


44  SCHOOL   LAW 

No  school  on  holiday. 

NO  school  shall  be  taught  on  a  legal  holiday.  A  legal  holi- 
day falling  upon  a  day  which  otherwise  would  be  a  day  of 
school,  shall  be  counted  a  day  of  school,  and  the  teachers  shall 
be  paid  t  herefor. 

1843.  Teacher  to  follow  course  prescribed.  Every  teacher 
in  the  district  schools  shall  teach  pupils  the  course  of  study 
prescribed. 

1844.  Teachers  to  attend  teachers'  institute.  Each  teacher 
who  is  engaged  in  teaching  during  a  period  whjch  includes  the 
time  of  holding  a  teachers'  institute,  upon  receiving  notice 
from  the  county  superintendent  to  attend,  shall  close  his  school 
during  the  holding  of  such  institute  and  attend  the  same,  and 
shall  be  paid  by  the  school  board  of  the  district  the  regular 
salary  as  teacher  for  the  time  of  attendance  during  such  insti- 
tute, as  certified  by  the  county  superintendent.  The  certificate 
of  any  teacher  may  be  revoked  by  the  State  Board  of  Educa- 
tion, when,  upon  due  examination  and  inquiry  and  after  the 
holder  thereof  shall  have  been  given  an  opportunity  of  being 
heard,  it  appears  that  he  is  guilty  of  inexcusable  neglect  or  re- 
fusal to  attend  a  teachers'  institute  held  for  such  county. 

1845.  Suspension  of  pupils  by  teacher.  A  teach  may 
suspend  from  school,  for  not  more  than  five  days  at  any  one 
time,  any  pupil  for  insurbordination,  habitual  disobedience,  or 
disorderly  conduct.  In  such  case  the  teacher  shall  give  imme- 
diate notice  of  such  suspension,  and  the  reason  thereof,  to  the 
parents  or  guardian  of  such  pupil,  and  also  to  some  member 
of  the  district  school  board. 

1846.  Teacher  to  grade  pupils.  It  shall  be  the  duty  of 
the  teachers  to  assign  to  each  pupil  such  studies  as  he  is  quali- 
fied to  pursue,  and  to  place  him  in  the  proper  classes;  pro- 
vided, that  in  graded  schools  the  principal  or  superintendent 
shall  perform  such  duty. 

1847.  Use   of  text  books.    Damage   to   school   property. 


-  SCHOOL    LAW  45 

i 

Teachers  shall  enforce  the  use  of  text  books  and  the  rules  and 

regulations    prescribed    for    schools. 

Damages  for  injuring  school  property. 

Any  pupil  who  cuts,  defaces,  or  otherwise  injures  any 
school  property  is  liable  to  suspension  from  school,  and  upon 
complaint  of  the  teacher  or  any  trustee,  the  parent  or  guardian 
of  such  pupil  shall  be  liable  for  all  damages. 

1848.  Prohibited  doctrines.  Moral  instruction.  No  sec- 
tarian control.  No  atheistic,  infidel,  sectarian,  religious,  or  de- 
nominational doctrine  shall  be  taught  in  any  of  the  district 
schools  of  this  State. 

Moral  Instruction  required. 

Moral  instruction  tending  to  impress  upon  the  minds  of 
the  pupils  the  importance  of  good  manners,  truthfulness,  tem- 
perance, purity,  patriotism,  and  industry,  shall  be  given  in 
every  district  school,  and  all  such  schools  shall  be  free  from 
sectarian  control. 

1849.  Text  books  for  indigent  pupils.  Necessary  text 
books  and  supplies  shall  be  furnished  by  the  school  board,  free 
of  charge  to  indigent  pupils.  Such  books  and  supplies  shall  be 
used  under  the  direction  of  the  teachers. 

1850.  English  language  used.  All  district  schools  in  this 
State  shall  be  taught  in  the  English  language. 

1851.  Admission  of  pupils.  Every  district  school  shall 
be  open  for  the  admission,  free  of  charge,  of  all  children  living 
in  the  district  over  six  and  under  eighteen  years  of  age,  and  of 
children  within  the  required  age,  whose  father,  mother,  or 
guardian  is  a  taxpayer  within  said  district.  Any  person  over 
eighteen  years  of  age  may  be  admitted  to  any  district  school,  in 
the  discretion  of  the  board  of  trustees,  at  such  rate  of  tuition  as 
the  trustees  may  prescribe ;  provided,  that  beginners  shall  not 
be  received  into  the  schools  except  during  the  first  four  weeks 
after  the  opening  of  the  first  and  third  terms. 


16  SCHOOL    LAW 

1852.  Protecting  against  contagious  diseases.  The  teacher 
or  board  shall  not  allow  any  pupils  to  attend  the  district  school 
while  ai>  member  of  the  household  to  which  such  pupil 
belongs  is  sick  with  any  infectious  or  contagious  disease,  nor 
during  the  period  of  two  weeks  after  the  death,  recovery,. 
or  removal  of  such  sick  person,  and  then  only  upon  a  certificate 
o\'  a  competent  physician  or  written  permit  of  the  district 
school  hoard. 

1853.  Uniform  compensation  for  like  services.  Females: 
employed  as  teachers  in  the  puhlie  schools  of  this  State  shall 
in  all  eases  receive  the  same  compensation  as  is  allowed  to> 
male  teachers,  for  like  services,  when  holding  the  same  grade 
certificates. 


CHAPTER  10. 

TEXT    BOOKS 

1854.  Commission  created.  Duties.  No  compensation. 
Expenses.  A  State  Text  Book  Commission  is  hereby 
created  and  established  to  consist  of  the  State  Super- 
intendent of  Public  Instruction,  the  President  of  the 
University  of  Utah,  the  President  of  the  Agricultural  Col- 
lege of  Utah,  the  Principal  of  the  State  Normal  School  and 
five  resident  citizens  of  the  State  to  be  appointed  by  the  Gov- 
ernor, three  of  whom  shall  be  superintendents  of  schools.  Each 
appointed  commissioner  shall  serve  during  the  period  of 
adoption  and  without  compensation,  but  his  actual  and  neces- 
sary expenses  incurred  in  the  performance  of  his  official  duty, 
the  account  for  which  shall  be  verified  on  oath,  shall  be  paid 
out  of  the  public  school  fund.  The  members  of  this  commis- 
sion, or  a  majority  of  them,  shall  decide  what  text  books  shall 
be  adopted  for  use  in  the  district  schools  and  the  high  schools 
of  the  State,  except  in  cities  of  the  first  and  second  class,  and 
their  use  shall  be  mandatory  in  all  district  and  high  schools  of 
the  State,  except  in  cities  of  the  first  and  second  class. 


SCHOOL   LAW  47 

1855.  Convention.  When  held.  How  called.  Pur- 
pose. The  State  Superintendent  shall  call  a  convention 
of  the  Text  Book  Commission  at  least  six  months  prior 
to  the  expiration  of  any  contract  regulating  the  supply 
and  the  use  of  text  books  in  the  district  schools  and  the  high 
schools  throughout  the  State,  except  in  cities  of  the  first  and 
second  class,  and  shall  give  at  least  sixty  days'  notice  of  the 
time  of  holding  such  convention  by  publication  in  a  news- 
paper having  general  circulation  in  the  State.  Such  notice 
shall  state  the  subjects  upon  which  text  books  shall  be  adopted 
and  that  sealed  proposals  will  be  received  by  the  State  Super- 
intendent of  Schools  for  furnishing  such  books,  the  place  where 
and  the  day  and  hour  when  all  proposals  will  be  opened,  and 
that  the  convention  reserves  the  right  to  reject  any  and  all 
proposals.  Said  convention  shall  be  called  for  the  adoption 
of  text  books  every  five  years  as  herein  provided;  and  any 
text  book  so  adopted  shall  not  be  changed  within  a  period 
of  five  years  after  its  adoption,  except  for  a  sufficient  cause 
to  be  decided  at  a  special  convention  called  for  that  purpose; 
provided,  that  the  contracts  entered  into  in  1907  shall  extend 
until  July  1,  1913. 

1856.  Proposals  for  text  books  and  awards.  At  the  time 
and  place  specified  in  said  notice,  the  convention  shall  meet 
and  publicly  open  and  read  all  the  proposals  which  have  been 
received,  and  shall  make  their  awards  therein  within  thirty 
days  thereafter. 

1857.  Samples  and  prices.  Sealed  proposals  must  be  ac- 
companied by  sample  copies  of  the  books  proposed  to  be  fur- 
nished, together  with  a  statement  of  the  introductory  or  ex- 
change price,  and  of  the  wholesale  and  retail  prices  at  which 
the  publishers  agree  to  furnish  each  book  within  the  State 
during  the  full  time  for  which  said  books  may  be  adopted. 

1858.  When  proposals  are  unsatisfactory.  If  no  satisfac- 
tory proposals  are  received,  the  State  Superintendent  of  Pub- 
lic Instruction  may  advertise  anew,  and  the  books  in  use  shall 
be  continued  in  use  until  satisfactory  proposals  shall  have  been 
received  and  accepted. 


4S  SCHOOL   LAW 

1859.  Publishers  to  enter  into  contract.  The  publisher 
or  publishers  whose  proposals  shall  be  accepted  must  enter  in- 
to a  written  contract  with  the  State  Superintendent  of  schools, 
and  shall  give  a  bond  with  two  sufficient  sureties  in  a  reason- 
able sum,  to  be  fixed  by  the  convention,  for  the  faithful  per- 
formance of  such  contract. 

1860.  School  officer  or  teacher  not  to  act  as  agent.  No 
school  officer  or  teacher  in  any  district  school  in  this  State- 
shall  act  as  agent  for  any  author,  publisher,  bookseller,  or 
other  person  to  introduce  any  book,  apparatus,  furniture,  or 
any  article  whatever  in  any  district  in  which  such  school 
officer  or  teacher  is  officially  engaged. 

1861.  Receiving  bonus  from  publisher.    Penalty.    If  the 

State  Superintendent  or  any  county  or  city  superintendent,  or 
other  school  officer  shall  receive  from  the  publisher  of  any 
school  books,  or  from  any  other  person  interested  in  the  sale  or 
introduction  of  any  books,  maps,  charts,  or  other  school  sup- 
plies into  the  public  schools  in  the  State,  any  money  or  bonus, 
in  any  manner  as  an  inducement  for  the  recommendation  or 
introduction  of  any  such  book  in  the  schools  of  the  State,  such 
person  shall  be  guilty  of  a  misdemeanor. 

1862.  Failure  to  enforce  use  of  books  adopted.  Pen- 
alty. If  the  trustees  of  any  district  shall  refuse  or  neglect  to 
enforce  the  use  of  text  books  adopted  by  the  convention,  such 
refusal  or  neglect  shall  be  a  misdemeanor  on  the  part  of  any 
trustee  so  refusing  or  neglecting,  and  shall  be  punishable  by  a 
fine  not  exceeding  one  hundred  dollars  and  by  removal  from 
office. 


CHAPTER  11. 
STATE  AND  COUNTY  TAX. 

1863.     State   treasurer  to  receive   and   pay   over  school 
fund.     The  State  Treasurer  shall  receive  and  hold  as  a  special 


SCHOOL   LAW  49 

fund  all  public  school  moneys  paid  into  the  State  treasury,  and 
pay  them  over  on  the  warrant  of  the  State  Auditor,  issued  up- 
on the  order  of  the  State  Superintendent  of  Public  Instruction 
in  favor  of  the  county  treasurer  of  each  county  for  the  amount 
clue  said  county,  and  in  favor  of  the  treasurer  of  each  board 
of  education  for  the  amount  due  such  board. 

1864. |  County  superintendent  to  make  estimate  of  funds 
needed.  The  county  superintendent  shall,  on  or  before  the 
first  Monday  in  May  of  each  year,  furnish  the  board  of  county 
commissioners  an  estimate  in  writing  of  the  amount  of  school 
funds  needed  for  the  ensuing  year. 

1865.  County  school  tax.  Levy.  Rate.  Collection.  The 
board  of  county  commissioners  of  the  county,  at  the  time  of 
making  the  annual  levy  of  other  eounty  taxes,  must  levy  a 
county  school  tax  upon  all  taxable  property  of  the  county ; 
provided,  that  said  tax  shall  not  exceed  four  mills  on  the 
dollar  of  valuation  of  the  property  taxed.  Said  tax  shall  be 
collected  by  the  officer  charged  with  the  collection  of  general 
taxes,  at  the  same  time  and  upon  the  same  valuations  of  the 
property  taxed  as  other  county  taxes,  and'  shall  be  paid  into 
the  county  treasury  of  the  county  to  the  credit  of  the  county 
school  fund. 

1866.  Duties  of  county  treasurer  concerning  school 
funds.  The  county  treasurer  shall  receive  and  hold,  as  a 
special  school  fund,  subject  to  the  orders  of  the  county  super- 
intendent, all  public  school  moneys  from  whatever  source  re- 
ceived and  keep  a  separate  account  thereof;  and  when  the 
same  is  apportioned  to  the  school  districts,  he  shall  pay  it  to 
the  district  treasurers  upon  the  warrants  of  the  county  super- 
intendent. He  shall,  on  or  before  the  first  day  of  August  in 
each  year,  make  a  report  to  the  board  of  county  commission- 
ers, who  shall  audit  the  same,  and  to  the  State  Superintendent 
in  such  form  as  he  shall  direct,  showing: 

1.  The  amount  of  moneys  on  hand  at  the  commencement 
of  the  school  year. 


50  SCHOOL   LAW 

2.  The  amount  of  moneys  received  from  the  state  school 
t'uiul. 

:>.  The  amount  received  from  the  county  school  tax. 

4.  The  amount  received  from  other  sources. 

5.  The  total  expenditures  for  school  purposes. 

6.  The  balance  on  hand  at  the  end  of  the  school  year. 


CHAPTER  12. 
SCHOOL  FUND. 

1867.     Apportionment    and    use    of    school    funds.     The 

county  superintendent  of  each  county  shall,  immediately  upon 
receiving  the  apportionment  from  the  State  Superintendent, 
proceed  to  apportion  the  state  school  funds  to  the  several 
school  districts  of  his  county  according  to  the  number  of  school 
children  residing  in  each  district  over  six  and  under  eighteen 
years  of  age,  as  shall  appear  from  the  last  enumeration  re- 
ported to  his  office. 

The  county  superintendent  shall  apportion  the  county 
school  funds  in  like  manner,  and  as  soon  as  practicable  after 
the  receipt  of  the  same  or  any  portion  thereof;  provided,  that 
before  making  such  apportionment  he  shall  apportion  to  cities 
of  the  first  and  of  the  second  class  and  to  county  school  dis- 
tricts of  the  first  class  their  proportion  per  capita  of  the  county 
school  fund,  after  which  he  shall  set  aside  so  much  of  said 
county  fund  as  the  board  of  county  commissioners  shall  order 
for  the  payment  of  the  compensation  of  the  county  superin- 
tendent, the  expenses  of  the  county  institute,  and  contingent 
expenses  of  the  county  superintendent's  office,  and  the  actual 
and  necessary  traveling  expenses  of  the  county  superintendent 
while  making  his  official  visits,  but  all  warrants  drawn  by  the 
county  superintendent  for  the  disbursement  of  the  fund,  so  set 
aside,  shall  be  approved  by  the  board  of  county  commissioners; 
provided  further,  that  no  part  of  either  of  said  funds  shall  be 
used  otherwise  than  for  the  payment  of  teachers,  except  as  pro- 
vided  otherwise   in   this  section.     The   county  superintendent 


SCHOOL   LAW  51 

shall  file  a  duplicate  of  such  apportionment  with  the  county 
auditor. 

1868.  School  must  be  maintained  for  twenty  weeks.  No 
school  district  shall  receive  any  apportionment  of  school 
moneys  unless  such  district  shall  have  maintained  a  school 
therein  for  at  least  twenty  weeks  during  the  next  preceeding 
school  year,  and  the  number  of  children  of  school  age  in  any 
district  not  maintaining  school  for  twenty  consecutive  weeks 
during  the  year  next  preceding  shall  be  subtracted  from  the 
total  school  population  of  the  county  before  the  apportion- 
ment is  made,  but  any  new  district  formed  by  the  division  of 
on  old  one  is  entitled  to  its  apportionment  when  school  has 
been  maintained  in  the  old  district  before  division,  or  in  the 
new  district  after  division,  or  in  both,  at  least  twenty  weeks 
in  all;  provided,  that  when  by  reason  of  fire,  flood,  or  other 
like  uncontrollable  causes,  school  has  not  been  maintained  the 
length  of  time  required  by  this  section,  the  district  may  still 
draw   its   apportionment. 

1869.  New  district  to  receive  its  proportion.  Any  newly 
organized  school  district  shall  be  entitled  to  its  proportion 
of  the  State  and  county  fund  which  shall  have  been  appor- 
tioned to  the  district  or  districts  from  which  it  was  created. 

1870.  Small  school  may  be  closed.  When  the  average 
attendance  in  any  school  district  for  twenty  consecutive  weeks 
in  any  school  year  falls  below  eight  pupils,  except  for  reasons 
mentioned  in  section  eighteen  hundred  and  sixty-eight,  the 
county  superintendent  is  hereby  authorized  to  close  said 
school. 

1870x.  Where  revenue  is  insufficient.  Proviso.  State 
aid  for  public  schools.  In  districts  of  the  State  where 
the  revenues  derived  from  the  State,  county  and  dis- 
trict school  tax  levies  are  insufficient  to  enable  school  trus- 
tees to  employ  a  teacher  or  teachers  for  a  period  of  at  least 
twenty-eight  weeks,  and  the  board  of  county  commissioners 
of  the  county  in  which  said  school  district  or  districts  are  lo- 
cated has  made  a  school  tax  levy  of  four  mills,  and  the  school 


52  SCHOOL   LAW 

district  trustees  have  levied  a  district  tax  of  five  mills,  and 
there  is  not  a  sufficient  amount  from  the  allotment  of  State 
and  county  and  the  district  school  moneys  after  all  necessary 
current  expenses  are  paid  from  the  district  fund  to  raise  the 
amount  for  the  payment  of  teachers  to  the  sum  of  $525.00  for 
each  teacher  in  the  district  for  the  current  school  year,  the 
county  school  superintendent  shall  make  report  thereof,  giving 
the  amount  available  in  such  districts  for  the  payment  of  teach- 
ers  in  the  school  year,  together  with  an  itemized  account  of  the 
expenditures  of  any  part  of  the  district  tax  for  current  ex- 
penses, verified  under  oath,  to  the  State  Superintendent  of 
Public  Instruction,  not  later  than  the  15th  day  of  May  in 
such  year.  The  State  Superintendent  shall  by  the  15th  day 
of  June  of  such  year,  make  to  the  State  Auditor,  State  Treas- 
urer, and  the  State  Board  of  Examiners,  report  of  the  school 
districts  so  reported  to  him,  with  the  county  or  counties  in 
which  they  are  located,  and  the  names  and  addresses  of  the 
county  superintendents  thereof.  And  there  shall  be  paid 
out  of  any  moneys  in  the  State  treasury  not  otherwise  appro- 
priated, a  sufficient  sum  to  make  the  amount  available  for  the 
payment  of  teachers  in  each  of  such  school  districts  to  aggre- 
gate $525.00  for  each  teacher  for  the  school  year,  for  the  use 
of  the  school  district  so  applying  therefor;  provided,  that 
school  is  maintained  in  the  district  at  least  twenty-eight  weeks 
in  the  school  year;  provided,  further,  that  no  district  affected 
by  this  section  shall  employ  more  than  one  teacher  except  on 
the  recommendation  of  the  county  superintendent  of  schools, 
and  after  such  recommendation  has  the  approval  of  the  State 
Superintendent  of  Public  Instruction;  provided,  further,  that 
no  teacher  shall  be  employed  in  any  district  affected  by  this 
appropriation  without  the  concurrence  of  the  State  Board  of 
Education. 

1870x1.  How  paid.  Said  moneys  for  the  districts  in 
each  county  shall  be  paid  to  the  county  superintendent  of 
such  county,  for  the  use  of  such  districts,  on  the  certificate  of 
the  State  Superintendent;  said  moneys  to  be  used  exclusively 
for  the  payment  of  teachers;  and  the  said  county  superintend- 
ent shall,  within  thirty  days  from  the  time  of  receiving  the 


SCHOOL   LAW  53 

•State  warrants  for  his  county's  portion,  file  with  the  State 
Auditor  proper  vouchers,  approved  by  the  district  trustees 
-and  signed  by  the  teacher  or  teachers  employed.  He  shall,  be- 
fore October  1st  of  each  year  refund  any  unused  portion  of 
the  amount  to  the  State  treasury. 

Sec.  2.  Appropriation.  To  carry  out  the  provisions  of 
this  Act  there  is  hereby  appropriated  out  of  any  moneys  in 
the  State  treasury,  not  otherwise  appropriated,  the  sum  of 
-$10,000.00  for  the  biennium.  $5,000.00  to  be  expended  annually 
or  so  much  thereof  as  may  be  necessary,  provided,  that  no 
'county  participating  in  this  appropriation  shall  draw  annually 
more  than  two-fifths  of  the  annual  appropriation. 


CHAPTER  13. 

SPECIAL  SCHOOL  TAX. 

1871  Special  tax  to  purchase  site,  erect  buildings,  etc. 
Notice.  AY  hen  it  is  necessary  to  raise  funds  to  purchase  a 
school  site  or  improve  the  same,  or  to  purchase,  build,  rent, 
repair,  or  furnish  school  houses  or  redeem  outstanding  bonds, 
or  for  payment  of  teachers'  salaries  or  for  current  expenses,  a 
tax  may  be  voted,  in  any  sum  not  to  exceed  two  per  cent  of  all 
taxable  property  in  the  district,  at  a  meeting  called  for  that 
purpose  in  the  manner  provided  in  chapter  five  of  this  title. 
When  a  tax  shall  have  been  voted  for  school  purposes  at  any 
meeting  provided  for  in  this  title,  the  trustees  shall  file  with 
the  county  superintendent  and  the  county  clerk,  within  ten 
-days  after  such  meeting  a  copy  of  the  notice  calling  such  meet- 
ing, and  a  copy  of  the  minutes  thereof,  which  shall  be  kept  on 
file  by  the  said  superintendent  and  clerk,  subject  to  inspection 
by  any  person. 

1872.  Id.  Voting.  Certification  and  Collection.  All  school 
taxes  voted  by  the  trustees  or  by  a  special  meeting  called  for 
that  purpose,  shall   be   computed    from    the   valuation  of  the 


54  SCHOOL   LAW 

next  succeeding  county  assessment  roll,  and  shall  be  voted  on 
or  before  the  first  day  of  May  of  any  year,  and  within  twenty 
.lays  thereafter  the  board  shall  make  certified  returns  of  the 
per  cenl  of  the  taxes  so  voted  to  the  county  auditor  and  the 
county  assessor,  who  shall  acknowledge  receipt  of  same.  The 
county  assessor  shall  assess  for  such  special  tax,  at  the  time 
and  in  the  manner  provided  by  law  for  assessing  state  and 
county  taxes,  and  shall  give  to  the  district  school  taxpayers 
similar  notices  to  those  which  are  required  by  law  to  be  given 
to  taxpayers  of  state  and  county  taxes.  The  officer  charged 
with  the  collection  of  special  school  taxes  shall  pay  over  the 
same  to  the  treasurer  of  the  school  district  in  which  the  same 
are  collected,  making  payments  of  the  sums  collected,  at  the 
end  of  each  calendar  month.  On  the  thirty-first  day  of  Decem- 
ber, after  receiving  the  tax  roll,  he  shall  complete  the  payment 
of  all  the  school  district  taxes  borne  upon  such  roll. 

1873.  Id.  Equalization  by  courty  commissioners.  At 
the  time  of  computing  the  county  and  state  tax,  the  county 
auditor  shall  compute  the  district  school  taxes  that  have  been 
voted.  The  board  of  county  commissioners  shall  sit  as  a  board 
of  equalization  of  district  school  taxes,  and  shall  equalize  the 
same  at  the  time  and  in  the  manner  provided  by  law  for  equal- 
izing state  and  county  taxes.  On  completion  of  the  tax  roll, 
the  county  auditor  shall  certify  to  the  board  of  trustees  of  each 
school  district  the  amount  of  the  district  school  taxes  assessed 
on  the  property  thereof. 

1874.  School  taxes  levied  and  collected  as  other  taxes. 
Lien.  All  school  taxes  levied  and  assessed  under  the  pro- 
visions of  this  title,  shall  become  due  and  delinquent  at  the 
same  time,  and  be  assessed  and  collected  by  the  same  officers 
and  in  the  same  manner,  and  shall  attach  to  and  become  a  lien 
on  the  real  and  personal  property  assessed  at  the  same  time 
as  state  and  county  taxes. 


SCHOOL   LAW  55 

CHAPTER  14. 
CREATING  INDEBTEDNESS. 

1875.  Debt  not  to  exceed  current  taxes  without  vote  of 
people.  Any  school  district  or  any  board  of  education  of  a 
city  of  the  first  or  of  the  second  class  may  create  indebtedness 
for  the  maintenance  of  the  schools  within  such  district  or  city 
not  in  excess  of  the  taxes  for  the  current  school  year;  and  any 
such  school  district  or  board  of  education  may  create  indebt- 
edness for  the  purpose  of  purchasing  school  sites  and  erecting 
school  buildings  not  in  excess  of  any  tax  that  may  have  been 
lawfully  imposed  for  such  purposes,  and  prior  to  the  collection 
thereof;  but  no  debt  in  excess  of  the  school  taxes  for  the  cur- 
rent year  shall  be  created  by  any  school  district  in  any  county, 
or  by  the  board  of  education  of  any  city  of  the  first  or  of  the 
second  class  in  this  state,  unless  the  proposition  to  create  such 
debt  shall  have  been  submitted  to  a  vote  of  such  qualified 
electors  as  shall  have  paid  a  property  tax  therein  during  the 
twelve  calendar  months  next  preceeding  such  election,  and  a 
majority  of  those  voting  thereon  shall  have  voted  in  favor  of 
incurring  such  debt.  The  election  provided  for  in  this  section 
shall  be  held,  conducted,  and  returns  made,  as  provided  in 
section  nineteen  hundred  and  forty-one. 

1876.  Additional  indebtedness  to  maintain  schools,  how 
authorized.  "Whenever  debts  equal  to  the  school  taxes  for  the 
current  year  shall  have  been  created  by  any  school  district  in 
this  state,  or  by  the  board  of  education  of  any  city  of  the  first 
or  of  the  second  class  in  this  state,  thereby  rendering  it  nec- 
essary to  create  and  incur  additional  indebtedness  in  order  to 
maintain  and  support  the  schools  of  any  such  school  district, 
or  the  schools  controlled  by  any  such  board  of  education,  for 
the  current  year  or  any  part  thereof,  then  the  trustees  of  any 
such  school  district,  or  any  such  board  of  education,  as  the 
case  may  be,  may  cause  the  proposition  to  incure  and  create 
such  additional  indebtedness  to  be  submitted  to  a  vote  of  such 
qualified  electors  as  shall  have  paid  a  property  tax  in  any  sue) 
school  district  or  city  in  the  year  preceding  such  election. 


56  SCHOOL   LAW 

1877.  Id.  Election  in  city,  how  called.  Notice.  Judges.. 
The  election  provided  lor  in  the  preceding  section,  when  held 
in  a  city  of  the  first  or  of  the  second  class,  shall  be  called  by 
publishing  a  aotice,  signed  by  the  president  and  clerk  of  the 
board  of  education,  in  a  newspaper  published  in  the  city,  for 
not  Less  than  ten  days,  and  by  posting  said  notice  at  the  polling 
places  in  each  municipal  ward  of  the  city  for  the  same  length 
of  time  next  preceding  said  election.  The  board  of  education, 
before  any  notice  is  published  or  posted,  shall  appoint  three 
electors  in  each  municipal  ward  to  conduct  the  elections  herein 
provided  for,  who  shall  take  and  subscribe  an  oath  of  office. 
and  who  shall  make  returns  thereof,  to  the  board,  as  herein 
provided.     Such  notice  shall  specify: 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  the  judges  at  each  polling  place  to  con- 
duct such  election. 

3.  The  hours  during  which  the  polls  shall  remain  open. 

4.  The  amount  of  indebtedness  which  the  board  proposes: 
to  incur  or  create,  and  for  what  purposes. 

1878.     Id.     In  other  districts.     The  election  provided  for 
in  Section  1876,  when  held  in  any  school  district  other  than 
a  city  of  the  first  or  of  the  second  class,  shall  be  called  by  pub- 
lishing a  notice,  signed  by  the  chairman  and  clerk  of  the  board 
id'  trustees  of  such  district,  in  a  newspaper  published  in  the 
county  in  which  such  district  is  situated,  for  not  less  than  ten 
days,  and  by  posting  said  notice  in  three  conspicuous  places  in 
the  district  for  the  same  length  of  time  preceding  said  election ; 
if  no  newspaper  be  published  in  said  county  then  by  such  post- 
ing of  notices  only.    The  board  of  trustees  of  such  district  be- 
fore any  notice  is  published  or  posted,  shall  appoint  three  elec- 
tors to  conduct  the  elections  herein  provided  for,  who  shall 
take  and  subscribe  an  oath  of  office  and  who  shall  make  returns 
thereof  to  the  board  as  herein  provided.     Such  notice  shall 
specify : 

1.  The  time  and  place  of  holding  such  election ; 

2.  The  names  of  the  judges  of  election  to  conduct  such 

election; 

3.  The  hours  during  which  the  polls  shall  remain  open; 


SCHOOL   LAW  j,     .  57 

•A.  The  amount  of  indebtedness  which  the  board  proposes 
to  incur  or  create,  and  for  what  purpose. 

1879.  Ballot.  The  ballot  used  at  such  election  shall  be 
furnished  by  the  board  of  education  or  by  the  trustees,  as  the 
case  may  be,  and  shall  express  upon  its  face  the  propositions 
which  the  board,  or  the  trustees,  desire  to  submit  to  the  tax- 
payers. 

1880.  Who  entitled  to  vote  at  such  elections.  Challenges. 
Every  registered  voter  residing  in  any  ward  of  any  such  city, 
or  residing  in  any  school  district  in  which  an  election  is  held 
for  the  purpose  of  determining  the  question  of  creating  and 
incurring  additional  indebtedness  in  such  district  or  city,  and 
which  voter  shall  have  paid  a  property  tax  in  such  district  or 
city  in  the  year  preceding  such  election,  shall  be  entitled  to 
vote  at  any  such  election. 

Challenges. 

Challenges  for  cause  by  any  qualified  voter  shall  be 
allowed  on  such  election,  and  promptly  decided  by  the  judges 
conducting  the  same. 

1881.  Canvass  of  vote.  Result.  Immediately  after  the 
closing  of  the  polls,  the  persons  appointed  to  conduct  the  elec- 
tion shall  proceed  to  count  and  canvass  the  ballots  at  such 
election  and  make  returns  thereof  to  the  board  of  education 
or  the  board  of  trustees,  as  the  case  may  be,  and  said  board 
of  education,  or  said  trustees,  as  the  case  may  be,  shall,  within 
five  days  after  said  election,  meet  and  canvass  said  returns,  and 
if  a  majority  of  the  ballots  cast  at  said  election  are  in  favor  of 
incurring  and  creating  such  additional  indebtedness,  then  the 
board  of  education  or  the  trustees,  as  the  case  may  be,  shall 
cause  an  entry  of  that  fact  to  be  entered  upon  the  minutes  of 
said  board  or  of  said  trustees;  and  thereupon  said  board  of 
education  or  said  trustees,  as  the  case  may  be,  shall  be  author- 
ized and  directed  to  incur  and  create  such  additional  indebted- 
ness as  shall  be  necessary  to  support  and  maintain  the  schools 
of  any  sueh   school   district  or  the  schools  controlled  by   any 


58  SCHOOL   LAW 

such  board  of  education,  Eor  the  current  year,  or  any  part 
thereof,  not  exceeding  the  amount  mentioned  in  the  notice 
calling  such  election. 


CHAPTER  15. 

DISTRICT  SCHOOL  BONDS. 

1882.  Trustees  may  issue  bonds,  when.  Whenever  a 
duly  organized  school  district  in  any  county  in  this  State,  at 
any  regular  or  special  meeting  called  and  held  for  the  purpose, 
shall  determine  by  a  majority  vote  to  issue  school  district 
bonds  for  the  purpose  of  building  and  furnishing  schoolhouses, 
purchasing  grounds  on  which  to  locate  the  same,  or  to  fund  or 
refund  any  outside  indebtedness,  the  trustees  may  issue  such 
bonds  in  accordance  with  the  provisions  hereof. 

1883.  Election  for  bonds.  Notice.  Before  the  question 
of  issuing  bonds  shall  be  submitted  to  vote  in  any  school  dis- 
trict, the  trustees  shall  call  an  election  of  the  voters  of  such 
district,  qualified  under  Chapter  five  of  this  title,  by  notices  to 
be  posted  in  at  least  three  public  and  conspicuous  places  in  said 
district,  not  less  than  twenty  days  before  such  election.  Said 
notices  shall  state  the  time  and  place  of  holding  the  election, 
the  amount  of  bonds  proposed  to  be  issued,  and  for  what  pur- 
pose, and  the  time  in  which  they  shall  be  made  payable.  The 
voting  at  such  election  shall  be  by  ballot.  All  ballots  deposited 
in  favor  of  issuing  bonds  shall  have  thereon  the  words  "Bonds, 
yes,"  and  those  opposed  thereto  shall  have  thereon  the  words 
"Bonds,  no."  If  a  majority  of  the  votes  cast  shall  be  in  favor 
of  issuing  bonds,  the  trustees  shall  forthwith  proceed  to  issue 
bonds  of  the  district  in  any  amount  not  exceeding  the  amount 
authorized  at  such  election;  but  if  less  than  a  majority  of  the 
votes  cast  are  in  favor  of  issuing  bonds,  there  shall  be  no  fur- 
ther action  on  the  question  for  one  year  thereafter.  No  elec- 
tion shall  be  void  because  the  amount  of  bonds  authorized 
thereat  exceeds  the  statutory  limitation,  but  the  bonds  author- 
ized may  be  issued  within  the  limitation  fixed  by  law. 


SCHOOL  LAW  59 

1884.  Denomination  of  bonds.  Interest.  Limitation  of 
bonded  indebtedness.  The  denomination  of  the  bonds  which 
may  be  issued  under  the  provisions  of  this  chapter  shall  be 
fifty  dollars  or  some  multiple  of  fifty,  not  exceeding  one  thou 
sand  dollars,  and  shall  bear  interest  at  the  rate  of  not  exceed- 
ing six  per  cent  per  annum,  payable  semi-annually,  in  accord- 
ance with  interest  coupons  which  shall  be  attached  to  said 
bonds.  The  amount  of  said  bonds,  including  existing  indebt- 
edness, shall  not  exceed  four  per  centum  of  the  value  of  the 
taxable  property  in  any  school  district,  the  value  to  be  ascer- 
tained by  the  last  assessment  for  state  and  county  purposes 
previous  to  the  incurring  of  such  indebtedness,  and  such  bonds 
shall  be  made  payable  not  more  than  twenty  years  from  their 
date.  The  trustees  may  reserve  the  right  to  redeem  such  bonds 
or  any  of  them  at  any  time  after  five  years  from  their  issue. 

1885.  Statement  to  county  auditor.  Form  of  bonds. 
Registration.  "Whenever  any  school  district  has  voted  to  issue 
bonds,  the  trustees  of  such  district  shall  immediately  file  with 
the  county  auditor  of  the  county  in  which  the  school  district 
is  situated  a  certified  copy  of  the  order  of  the  trustees  authoriz- 
ing such  meeting  to  be  called  and  held,  and  also  certified  copies 
of  the  notices  posted  calling  such  meeting,  together  with  an 
affidavit  showing  when  and  where  said  notices  were  posted  and 
that  they  were  posted  as  required  by  law  and  the  order  of  the 
trustees.  The  trustees  shall  also  file  with  said  auditor  a  state- 
ment showing  the  value  of  taxable  property  in  the  district,  and 
that  the  amount  of  bonds  proposed  to  be  issued  does  not  ex- 
ceed the  proper  per  cent  of  the  value  of  taxable  property  in 
the  district,  which  statement  shall  be  subscribed  and  sworn  to 
by  the  trustees. 

Endorsement  of  county  superintendent. 

The  statement  shall  ah/o  bear  the  endorsement  of  the 
county  superintendent  of  districts  schools,  that  the  meeting  was 
lawfully  called  and  held,  and  the  voting  of  the  qualified  tax- 
payers, the  canvass  of  votes  cast,  and  all  matters  in  relation  to 


60  SCHOOL  LAW 

the  proposed  issue  of  bonds  in  said  school  district  Were  law- 
fully conducted,  and  thai  such  bonds  may  be  lawfully  issued. 

Bonds,  what  they  shall  state. 

Whenever  any  bonds  are  issued  under  the  provisions  of 
this  chapter,  they  shall  be  lithographed  or  printed  on  bond 
paper,  and  shall  slate  upon  their  face  the  date  of  their  issue, 
the  amount  of  the  bond,  to  whom  and  for  what  purpose  issued, 
the  time  and  place  of  payment,  and  the  rate  of  interest  to  be 
paid.  They  shall  have  printed  on  the  margin  the  words 
"Authorized  by  act  of  the  Legislature  of  the  State  of  Utah,  A. 
D.  1897,  and  all  supplemental  and  amendatory  acts,"  and  upon 
the  back  of  the  bonds  shall  be  printed  a  certificate  signed  by 
the  county  auditor  in  substantially  the  following  form:  "I 
certify  that  the  within  bond  is  issued  in  accordance  with  law, 
and  is  within  the  debt  limit  permitted  by  the  statutes  of  the 
State  of  Utah,  and  in  accordance  with  a  vote  of  the  qualified 

taxpayers  of school  district  of county,  State  of 

Utah,  at  a  regular  (or  special)  meeting  held  on  the day  of 

A.  D ,  to  issue  bonds  to  the  amount  of 

dollars." 

Signatures. 

They  shall  be  signed  by  the  chairman  and  the  clerk  of  the 
board  of  trustees  of  the  school  district  and  shall  be  registered 
and  numbered  in  a  book  to  be  kept  by  the  clerk  for  that  pur- 
pose, in  which  shall  be  entered  the  number,  date,  demonina- 
tion.  name  of  person  to  whom  issued,  and  the  date  when  the 
same  shall  become  due. 

1886.  Tax  levy  for  interest  on  bonds  and  sinking  fund. 
in  addition  to  the  amount  elsewhere  authorized  to  be  levied 
under  the  provisions  of  this  title,  there  shall  be  levied  by  the 
trustees  and  certified  to  the  county  treasurer  annually  prior  to 
July  first,  on  the  taxable  property  of  the  school  district  so 
issuing  bonds,  and  assessed  and  collected  as  other  taxes  are 
assessed  and  collected,  a  sum  not  exceeding  two  and  a  half  mills 
on  the  dollar  of  the  assessed  valuation  of  said  district,  sufficient 


SCHOOL   LAW  61 

To  pay  the  interest  on  such  bonded  indebtedness,  and  after  five 
.years,  in  like  manner,  a  further  annual  tax  not  to  exceed  two 
mills  on  the  dollar,  for  a  sinking  fund,  to  be  used  in  payment  of 
•such  bonds  when  they  become  due,  and  for  no  other  purpose. 
Whenever  there  may  be  sufficient  funds  on  hand,  the  trustees 
may,  however,  purchase  any  of  its  outstanding  bonds  at  the 
lowest  market  price,  and  pay  for  the  same  out  of  the  sinking 
fund,  or  out  of  any  fund  created  by  special  tax  for  such  pur- 
pose. 

1887.  Sale  of  bonds.  Proceeds.  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  chapter,  the  trustees 
shall  have  authority  to  negotiate  and  sell  such  bonds  for  not 
less  than  their  par  value  unless  the  state  superintendent,  upon 
satisfactory  evidence  that  the  bonds  cannot  be  sold  for  par. 
shall  consent  in  writing  to  a  sale  below  par.  The  proceeds 
shall  be  used  exclusively  for  the  purposes  for  which  the  said 
bonds  were  issued. 

1888.  Bonds  a  lien.  Refusal  of  trustees  to  levy  tax. 
Bonds  issued  under  the  provisions  of  this  chapter  shall  be  a 
lien  upon  the  taxable  property  in  the  school  district  issuing 
them,  and  when  any  trustees  neglect  or  refuse  to  levy  a  tax  in 
accordance  with  law  to  meet  outstanding  bonds  or  the  interest 
thereon,  the  board  of  county  commissioners  shall  levy  such 
tax,  and  when  collected  apply  it  to  the  payment  of  such  bonds 
and  the  interest  due  thereon. 

1889.  Cancellation  of  redeemed  bonds.  Interest.  When- 
ever any  of  the  bonds  of  a  school  district  shall  have  been  re- 
deemed or  purchased  by  the  trustees,  they  shall  be  canceled 
by  writing  or  printing  in  red  ink  across  each  bond  and  coupon, 
the  words  "Paid  and  Canceled"  and  the  date  of  payment  and 
amount  paid  shall  be  entered  in  the  clerk's  register  against  the 
number  of  the  bond,  and  thereafter  no  interest  shall  be  paid  on 
account  of  the  bond  so  canceled,  and  the  bonds  and  coupons  so 
canceled  shall  be  filed  in  the  office  of  the  clerk  of  the  district 
board  and  preserved  in  a  book  to  be  kept  for  that  purpose. 


62  SCHOOL   LAW 

1890.  Buildings  may  be  erected  by  contract  or  days" 
labor.  Whenever  any  schoolhouse  is  to  be  built,  the  trustees-. 
shall  advertise  for  at  least  twenty  days  in  some  newspaper 
printed  in  the  county,  or,  if  no  newspaper  is  printed  in  the 
county,  by  posting  notices  for  the  same  length  of  time  in  five 
conspicuous  places  in  the  county,  for  sealed  proposals  for- 
building  such  schoolhouse,  in  whole  or  in  part,  in  accordance 
with  plans  and  specifications,  which  shall  be  furnished  by  the 
trustees,  stating  in  such  advertisement  or  notice  the  place 
where,  and  the  day  and  hour  when,  all  proposals  will  be- 
opened,  and  reserving  the  right  to  reject  any  and  all  proposals. 

Bids  to  be  opened  publicly. 

At  the  time  and  place  specified  in  said  notice,  the  trustees; 
shall  meet  ajid  publicly  open  and  read  all  the  proposals  which 
have  been  received,  and  shall  award  the  contract  to  the  lowest 
responsible   bidder. 

Bond  of  Contractor. 

They  shall  require  of  such  contractor  a  bond  in  double  the- 
amount  of  the  contract,  conditioned  that  he  will  properly  per- 
form the  conditions  of  the  contract  in  a  faithful  manner  and  in 
accordance  with  its  provisions. 

Re-advertising  in  case  of  rejecting  all  bids. 

In  case  none  of  the  proposals  are  satisfactory,  all  shall  be 
rejected,  and  said  trustees  shall  advertise  anew,  in  the  same 
manner  as  before,  until  satisfactory  proposals  shall  be  sub- 
mitted; provided,  that  the  construction  of  buildings,  by  school 
districts  may,  in  the  judgment  of  the  trustees,  be  done  wholly 
or  in  part  by  day  labor  or  by  contract ;  provided  further,  that 
no  trustee  shall  be  pecuniarily  interested,  directly  or  indi- 
rectly, in  the  construction  of  any  such  building  or  in  any  con- 
tract provided  for  in  this  section. 

1891.      Bonding   indebtedness   heretofore   existing.      The 
provisions  of  this  chapter  shall  be  applicable  to  and  shall  au- 


SCHOOL   LAW  63 

thorize  the  issue  of  bonds  by  such  school  districts  as  have 
.already  built  schoolhouses,  and  the  qualified  taxpayers  thereof 
<may  vote  to  bond  the  indebtedness  incurred  by  reason  of  build- 
ing and  furnishing  schoolhouses  or  purchasing  sites  for  the 
same,  and  bonds  therefor  may  be  issued  in  the  same  manner  as 
■herein  provided  for  building  and  furnishing  schoolhouses, 


CHAPTER  16. 
COUNTY  SCHOOL  DISTRICTS  OF  THE  FIRST  CLASS. 

1891x.    County  school  districts  of  the  first  class.    In  each 
county  of  this  State  which  has  a  school  population  of  more 
than  two  thousand  children,  outside  of  cities  of  the  first  and 
second  class,  as  shall  appear  from   the   last   enumeration   re- 
ported  from    the   office      of     the   State   Superintendent,   said 
county  may,  in  the  manner  hereinafter  provided,   become   a 
county  school  district  of  the  first  class ;  provided,  that  if  in 
#ny  such  county  there  be  more  than  one  high  school  district 
then  each   of  such  high  school  districts  may  in  the   manner 
hereinafter  provided,  become  a  county  school  district  of  the 
first  class.    Whenever  it  shall  be  made  to  appear  to  a  board  of 
county  commissioners  by  the  report  of  the  State  Superintend- 
ent of  Public  Instruction  that  the  census  returns  as  aforesaid 
of  any  county  shall  contain  the  requisite  population  to  entitle 
it  to  constitute  a  county  school  district  of  the  first  class  under 
the  provisions  of  this  section,  and  voters  representing  in  num- 
ber a  majority  of  the  votes  cast  in  such  county  or  high  school 
district  at  the  last  preceding  general  election  shall  have  peti- 
tioned in  favor  of  consolidating  the  school   districts   in   such 
county  or  high  school  district,  then  the  county  commissioners 
may  immediately  make  the  necessary  order  to  organize  such 
county   or   high   school   district    into   a   county   school   district 
of  the  first  class  and  shall  designate  the  name  or  names  by 
which  the  same  shall  he  known,  and  shall  divide  each  dish-id 
into  not  less  than  five  nor  more  than  nine  representative  pre- 
cints,  and  shall  appoint  the  members  of  the  board  of  educa- 


(>4  SCHOOL   LAW 

tioE  for  such  district  to  serve  until  the  election  of  their  stre- 
ssors under  the  provisions  of  tins  chapter;  provided,  that 
in  districts  already  consolidated  the  members  of  the  board 
of  education  as  now  constituted  shall  serve  for  the  term  for- 
which  they  were  elected. 

1891x1.  School  therein  to  be  free.  In  each  district  sub- 
ject to  the  provisions  of  this  chapter,  the  public  schools  shall 
be  free  to  all  children  between  the  ages -of  six  and  eighteen 
years.  All  public  schools  and  school  property  therein  shall 
be  under  the   direction   and   control   of   the   board   education. 

1891x2.  Board.  How  constituted.  The  Board  of  Educa- 
tion of  each  county  school  district  of  the  first  class  shall  con- 
sist of  not  less  than  five  nor  more  than  nine  members;  one 
to  be  elected  from  and  by  each  of  the  representative  precincts 
within  said  county  school  district.  The  board  of  county  com- 
missioners in  which  such  county  school  district  is  located  shall 
before  June  1,  1914,  divide  the  same  into  not  less  than  five 
nor  more  than  nine  representative  precincts,  for  school  pur- 
poses, and  at  the  election  in  December,  1914,  members  of  the 
board  of  education  shall  be  elected  in  accordance  with  such  re- 
districting. 

1891x3.     Members  of  board.    How  elected.    Must  qualify. 

There  shall  be  elected  in  the  county  school  districts  of  the  first 
class,  on  the  first  Wednesday  in  December,  1908,  one  member 
of  the  board  from  each  odd  numbered  school  representative 
precinct  or  district  for  a  term  of  two  years,  and  at  the  same 
time  one  member  of  the  board  from  each  even  numbered 
school  representative  precinct  or  district  for  a  term  of  four 
years.  On  the  first  Wednesday  in  December,  1910,  and  every 
four  years  thereafter,  there  shall  be  elected  one  member  of 
the  board  from  each  odd  numbered  school  representative  pre- 
cinct or  district  for  a  term  of  four  years,  and  on  the  first 
Wednesday  in  December,  1912,  and  every  four  years  there- 
after, one  member  of  the  board  from  each  even  numbered 
school  representative  precinct  or  district  for  a  term  of  four 
years.     Where   any   county   school   district   of   the   first   class 


SCHOOL   LAW  65 

exists  or  may  be  created,  the  board  of  county  commissioners 
shall  appoint  the  members  of  the  board  of  education,  to  serve 
until  the  next  election  provided  for  in  this  section,  and  until 
their  successors  are  duly  elected  and  qualified;  provided,  that 
where  there  have  been  designated  three  trustees  for  the  entire 
district,  each  one  being  from  a  school  representative  precinct, 
then  these  are  constituted  members  of  the  board  of  education 
until  the  next  election,  and  the  board  of  county  commissioners 
shall  appoint  two  other  members,  one  from  each  unrepresented 
representative  precinct;  but  where  two  or  more  trustees  are 
from  one  school  representative  precinct,  the  board  of  county 
commissioners  shall  designate  the  member  of  the  board  of 
education.  Members  of  the  board  of  education  in  a  county 
school  district  of  the  first  class  shall  qualify  by  taking  and 
subscribing  the  constitutional  oath  of  office,  and  giving  bonds 
to  the  district  in  which  they  reside  in  such  sum  and  with  such 
sureties  as  the  board  of  county  commissioners  may  require 
and  approve,  conditioned  for  the  faithful  discharge  of  the 
duties  of  their  office,  the  oath  of  office  and  bonds  to  be  filed 
with  the  county  clerk. 

1891x4.  Must  qualify.  When.  Members  of  the  board  of 
education  shall  qualify  previous  to,  and  take  their  seats  at,  the 
first  regular  meeting  in  January  next  after  their  election,  and 
shall  serve  until  their  successors  are  duly  elected  and  qualified. 

1891x5.  Elections,  how  conducted.  Elections  for  mem- 
bers of  the  board  shall  be  called  and  conducted,  and  the  can- 
vass of  returns  shall  be  made,  and  the  qualification  of  electors 
shall  be  as  provided  in  the  general  registration  and  election 
laws,  except  as  in  this  section  hereinafter  provided.  There 
must  be  at  least  two  voting  places  in  each  school  representa- 
tive precinct.  It  shall  not  be  necessary  to  file  certificates  of 
nomination  of  candidates,  nor  to  publish  a  list  of  nominations. 
Appointments  of  judges  of  election  shall  be  made  by  the 
board  of  education  at  any  convenient  time  prior  to  the  day  of 
election.  The  board  of  education  shall  furnish  the  judges  of 
election  al  every  polling  place  with  a  sufficient  number  of  plain 
envelopes  for  election  purposes  and  shall  pay  all  other  lawful 


66  SCHOOL    LAW 

and  necessary  expenses  of  the  elect  ion.  Such  envelopes  shall 
be  uniform  in  size  and  quality,  withoul  any  marks,  writing, 
1'iini  ing,  or  device  upon  them  ;  and  uo  other  kind  shall  be  used 
at  any  election.  Every  voter  shall  designate  011  a  single  ballot, 
written  or  printed,  the  name  of  the  person  or  persons  voted  for, 
with  a  pertinent  designation  of  the  office  to  be  tilled.  The  bal- 
lot shall  be  folded  ami  placed  in  one  of  the  envelopes  herein- 
before provided  tor,  and  shall  be  delivered  to  the  presiding 
judge  of  election,  who  shall,  in  the  presence  of  the  voter,  on 
tlie  name  of  the  proposed  voter  being  tound  on  the  registry  list, 
and  on  all  challenges  to  such  vote  being  decided  in  favor  of 
such  voter,  deposit  it  in  the  ballot  box,  without  any  mark 
whatever  being  placed  upon  such  envelope;  otherwise  the  bal- 
lot shall  be  rejected.  The  board  of  education  shall  exercise 
all  such  powers  relative  to  school  elections  in  their  respective 
districts  as  are  conferred  upon  the  board  of  county  commis- 
sioners in  other  elections,  so  far  as  conformable  wTith  this 
chapter. 

1891x6.  Must  reside  in  district.  Vacancies.  Every  mem- 
ber of  the  board  of  education  in  county  school  districts  of  the 
first  class  shall  be  and  remain  a  resident,  qualified,  registered 
voter  in  the  school  representative  precinct  from  which  he  is 
elected  or  appointed;  and  the  board  of  education  is  hereby 
required  to  fill  any  vacancy  that  may  occur  through  non-resi- 
dence or  any  other  cause,  until  the  next  election  of  members 
of  the  board;  provided,  that  any  vacancy  occurring  previous 
to  the  annual  election  having  an  unexpired  term  shall  be  filled 
for  such  unexpired  term  at  the  first  school  election  thereafter, 
and  the  ballots  shall  be  as  follows:  "To  fill  the  unexpired 
term " 

1891x7.  Board  must  organize.  The  members  appointed 
or  elected  as  herein  provided  shall,  before  entering  upon  the 
discharge  of  their  duties,  take  and  subscribe  the  constitutional 
oath  of  office.  They  shall  organize  by  electing  from  their  num- 
ber a  president  and  a  vice-president,  whose  term  of  office  shall 
be  for  two  years,  and  until  their  successors  are  elected  and 
qualified.     They,  shall  also  elect  a  clerk  and  a  treasurer,  who 


SCHOOL    LAW  67 

shall  be  registered  voters  in  the  school  district,  and  whose  re- 
spective terms  of  office  shall  be  two  years,  and  until  their  suc- 
cessors are  elected  and  qualified. 

1891x8.  Officers  may  be  removed.  Any  officer  appointed 
or  elected  by  the  board  of  education  for  a  specified  term,  as 
provided  in  the  next  preceding  section,  may  be  removed  from 
his  office  for  cause  by  a  vote  of  two-thirds  of  the  board. 

1891x9.  Board  may  appoint  other  officers.  The  board  of 
education  shall  have  power  to  appoint  all  other  officers  that  in 
its  judgment  may  be  necessary  fully  to  carry  out  the  pro- 
visions of  this  chapter,  for  the  protection  and  improvement  of 
school  property,  and  for  the  promotion  of  the  interests  of  the 
school,  and  remove  the  same  at  pleasure,  and  may  require  any 
such  officer  to  give  bond  to  the  board  in  such  sum  as  it  may 
prescribe.  The  oath  of  office  and  bond  of  the  clerk  shall  be 
filed  with  the  treasurer,  and  all  others  shall  be  filed  with  the 
clerk. 

1891x10.  Superintendent  of  schools  to  be  appointed.  Term. 
Duties.  At  the  first  meeting  of  the  board  in  June,  nineteen  hun- 
dred and  eleven,  and  biennially  thereafter,  a  superintendent  of 
schools  shall  be  elected  by  the  board,  who  at  least  shall  be  the 
holder  of  a  life  diploma  of  grammar  school  grade  and  who 
shall  subscribe  the  constitutional  oath  of  office,  and  shall  enter 
upon  his  duties  on  the  first  day  of  July  thereafter.  His  term 
of  office  shall  be  two  years,  and  until  his  successor  shall  be 
elected  and  qualified:  provided,  that  until  the  date  herein 
stated,  the  county  superintendents  of  schools  shall  as  such 
officers,  perform  the  duties  of  superintended  of  schools  in  its 
county  school  districts  of  the  first  class,  situated  in  the  county 
of  which  he  is  school  superintendent.  Said  superintended 
shall  attend  the  convention  of  school  superintendents  provided 
for  in  section  seventeen  hundred  and  eighty-one,  Compiled 
Laws  of   Utah,  1907. 

1891x11.  School  year.  Reports.  The  school  year  shall 
commence  on  the  first  day  of  duly  annually,  and  close  on  the 
last  day  of  June  following.     The  annual   reports  of  the  presi- 


68  SCHOOL   LAW 

dent,  the  superintendent,  and  the  several  committees  shall  be 
presented  to  the  board  at  or  before  the  first  regular  meeting 
in  August  of  each  year. 

1891x12.  Compensation  of  board.  The  members  of  the 
board  of  education  shall  lix  the  compensation  to  be  received 
Eor  their  services  at  a  sum  not  to  exceed  three  hundred  dollars 
each  per  annum,  and  traveling  expenses  not  to  exceed  one  hun- 
dred dollars  each  per  annum;  provided,  that  the  compensation 
of  members  of  the  board  appointed  prior  to  any  election  of 
members  as  named  herein  shall  be  fixed  by  the  board  of  county 
commissioners. 

1891x13.  School  census.  The  board  of  education  shall 
appoint  suitable  persons  for  each  school  representative  pre- 
cinct who  shall  act  as  enumerators  for  school  population  for 
said  precinct,  and  visit  every  house  therein  between  the  15th 
and  31st  of  July  of  each  year,  and  ascertain  and  enter  upon  the 
lists  the  name  of  every  person  between  the  ages  of  six  and 
eighteen  years  residing  in  such  precinct,  and  also  the  name, 
age,  postoffice  address,  and  name  of  the  parent  or  guardian  of 
every  deaf  or  dumb  person  over  the  age  of  five  and  under  the 
age  of  thirty  years,  too  deaf  or  dumb  to  receive  an  education 
in  the  public  schools.  Such  enumeration  lists  shall  contain  all 
information  required  by  law  and  such  other  information  as  the 
state  superintendent  and  the  board  of  education  may  require. 

1891x14.  Id.  Apportionment  of  school  moneys.  The  enumer- 
at  ion  lists  shall  be  filed  with  the  clerk  of  the  board  as  soon  as 
completed,  and  not  later  than  the  tenth  day  of  August.  Im- 
mediately thereafter,  the  clerk  of  the  board  shall  make  out  and 
forward  to  the  county  superintendent,  if  there  be  one,  to  the 
county  auditor,  and  to  the  state  superintendent,  a  statement 
showing  the  number  of  children  of  school  age  residing  in  the 
district,  together  with  all  information  obtained  under  the  pro- 
visions of  the  next  preceding  section,  and  financial  and  statis- 
tical reports  for  the  past  school  year,  containing  such  items  as 
shall  be  required  by  law  or  by  the  state  superintendent;  and 
thereupon  the  state  superintendent  shall  allot  to  such  school 


SCHOOL   LAW  69 

district  a  proper  pro  rata  of  state  school  funds  subject  to  allot- 
ment, and  shall  apportion  the  amount  due  and  certify,  the  same 
to  the  board  of  education  of  said  district;  the  State  Superin- 
tendent shall  also  make  to  county  school  districts  of  the  first 
-class  the  apportionment  required  by  section  1775,  and  furnish 
to  the  county  treasurer,  the  county  auditor,  and  the  county 
superintendent,  if  there  be  one.  in  counties  where  any  such 
county  school  district  of  the  first  class  may  be  situated,  an  ab- 
stract of  such  apportionment,  as  in  the  case  of  cities  of  the  sec- 
ond class.  The  county  auditor  of  counties  divided  into  dis- 
tricts of  the  first  class  shall  apportion  to  the  several  school 
•districts  in  his  county  according  to  the  number  of  school 
children  residing  in  each  district  over  six  and  under  eighteen 
years  of  age,  as  shall  appear  from  the  last  enumeration  from 
his  office,  and  shall  notify  the  board  of  education  of  each  dis- 
trict of  the  same.  He  shall  also  apportion  to  cities  of  the  first 
and  second  class  in  his  county  their  proportion  per  capita  of 
the  county  school  fund. 

1891x15.  Duties  of  president  of  board.  It  shall  be  the 
duty  of  the  president  to  preside  at  all  meetings  of  the  board, 
to  appoint  all  committees,  and  to  sign  all  warrants  ordered  by 
the  board  of  education  to  be  drawn  upon  the  treasurer  for 
school  moneys.  In  case  of  the  absence  or  disability  of  the 
president,  his  duties  shall  be  performed  by  the  vice-president. 

1891x16.  Clerk  must  qualify.  Before  entering  upon  the 
discharge  of  his  duties,  t lie  clerk  shall  give  a  bond  to  the 
board  of  education  of  such  school  district  in  such  sum  as  said 
board  may  prescribe,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  conditioned  for  the  faithful  perform- 
ance of  his  duties,  and  shall   qualify  according  to  law. 

1891x17.  Duties  of  Clerk.  It  shall  be  the  duty  of  the 
clerk  to  attend  all  meetings  of  the  board;  to  keep  an  accurate 
journal  of  its  proceedings,  and  have  the  care  and  custody  of 
the  seal,  records,  and  papers  not  otherwise  provided  for;  to 
countersign  all  warrants  drawn  upon  the  treasurer  by  order  of 
the  board;  to  keep  an  accurate  account  of  all  moneys  paid  to 


70  I  U>OL    LAW 

the  treasurer  on  account  of  said  hoard,  from  what  source  re- 
ceived, and  all  moneys  paid  on  orders  drawn  on  the  treasurer 
by  order  of  said  board;  and  to  prepare  and  submit  to  the 
board  an  annual  statement,  under  oath,  of  the  receipts  and 
disbursements  during  the  year  ending  June  thirtieth,  which 
statement  the  board  shall  cause  to  be  published  in  a  newspaper 
having  general  circulation  in  the  county,  showing: 

1.  The  amount   on  hand  at  the  date  of  last  report. 

2.  The  amount  of  sinking  fund  and  how  invested. 

3.  The  moneys  paid  out.  to  whom,  and  for  what  paid. 

4.  The   balance  of  school  moneys  on  hand. 

5.  The  number,  date,  and  amount  on  every  bond  issued 
and  redeemed  under  the  authority  herein  given,  and  the 
amount  received  and  paid  therefor.  The  clerk  shall  perform 
such  other  duties  as  the  board  and  its  committee  may  require, 
lie  shall  receive  for  his  services  such  compensation  as  the 
board  may  determine. 

1891x18.  Treasurer  must  qualify.  Duties.  The  treasurer 
of  the  board  of  education  shall  subscribe  to  the  constitutional 
oath  of  office  and  give  a  bond  to  the  board  with  sufficient  sure- 
ties and  in  such  sum  as  the  board  may  require;  said  oath  and 
bond  to  be  approved  by  the  board  and  filed  with  its  clerk.  He- 
shall  be  the  custodian  of  all  moneys  belonging  to  the  corpora- 
tion  and  be  responsible  upon  his  bond  for  all  moneys  received 
by  him  as  treasurer.  He  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  receipts  and  disbursements  of  his  office, 
and  pay  out  school  moneys  only  upon  a  warrant  signed  by  the 
president,  or  in  his  absence  or  disability,  by  the  vice  presi- 
dent, countersigned  by  the  clerk,  and  shall  perform  such  other 
duties  as  the  board  may  require.  The  treasurer  shall  receive 
for  his  services  such  amount  as  the  board  of  education  may 
fix  and  determine.  The  board  may  require  the  treasurer  to 
keep  his  office  and  records  in  the  office  of  the  board. 

1891x19.  Board  a  body  corporate.  The  board  of  educa- 
tion of  any  such  county  school  district  of  the  first  class  shall  be 
a  body  corporate  under  the  name  of  "The  Board  of  Educa- 
tion of _ School  District"  (inserting  the  proper  name). 


SCHOOL   LAW  71 

and  shall  have  an  official  seal  eomformable  to  such  name,  which 
shall  be  used  by  the  clerk  in  the  authentication  of  all  matters 
requiring  it.  Said  board,  in  the  name  aforesaid,  may  sue  and 
be  sued ;  may  take,  hold,  lease,  sell,  and  convey  real  and  per- 
sonal property,  as  the  interests  of  the  school  may  require.  The 
members  of  the  board  and  the  clerk  thereof  shall  have  the 
power  and  authority  to  administer  oaths  in  proof  of  claims  and 
against  said  corporation,  and  no  claim  or  account,  except 
salaries  of  teachers  and  janitors,  shall  be  audited  or  allowed 
by  the  board  of  education  unless  the  correctness  of  the  same 
shall  be  verified  under  oath. 

1891x20.  Powers  of  board.  The  board  of  education  shall 
have  the  power  and  authority  to  purchase  and  sell  school 
house  sites  and  improvements  thereon;  to  construct  and  erect 
school  buildings  and  to  furnish  the  same ;  to  establish,  locate 
and  maintain  kindergarten  schools,  common  schools,  consist- 
ing of  primary  and  grammar  grades,  high  schools,  and  indus- 
trial or  manual  training  schools;  to  establish  and  support 
school  libraries;  to  purchase,  exchange,  repair,  and  improve  the 
high  school  apparatus,  books,  furniture,  fixtures  and  all  other 
school  supplies  in  said  schools.  It  shall  supply  and  loan  to 
pupils  in  the  several  grades  and  departments  of  said  schools, 
except  the  high  school,  free  of  charge,  all  text  books  and 
supplies  used  by  the  pupils  of  said  schools;  it  shall  have  the 
powrer  to  sell  to  pupils  in  the  several  grades  and  departments 
of  said  schools,  at  cost,  all  text  books  and  supplies  used  by  the 
pupils  of  said  schools;  to  collect  all  books  and  apparatus  loaned 
to  the  pupils  of  the  public  schools  of  any  such  school  district  of 
the  first  class,  or  damages  for  the  loss,  injury  or  destruction  of 
the  same;  to  assign  to  the  State  Normal  School,  for  the  purpose 
of  illustrating  instruction  in  the  practice  school  connected 
therewith,  a  sufficient  number  of  pupils  of  appropriate  grades. 
and  re-imburse  the  State  University  or  State  Normal  School  for 
the  instruction  of  such  pupils  at  rates  per  pupil  not  exceeding 
the  average  cost  of  instruct  ion  pep  pupil  in  the  public  schools 
of  the  district  as  ascertained  for  each  year;  to  do  all  things 
needful  for  the  maintenance,  prosperity,  and  success  of  the 
^'■hools,  and  the  promotion  of  education;  to  adopt  by-laws  and 


72  SCHOOL   LAW 

rules  for  the  procedure  of  the  hoard  of  education,  and  make- 
and  enforce  all  needful  rules  and  regulations  for  the  control. 
and  management  of  the  public  schools  of  the  district. 

1891x21.  Restrictions  on  sale  of  school  property.  No 
school  sites  or  buildings  shall  he  sold  or  conveyed  by  the 
hoard  of  education,  except  on  resolution  of  the  board,  duly 
adopted  at  a  regular  or  duly  called  meeting,  and  not  then  with- 
out the  affirmative  vote  of  at  least  two-thirds  of  all  the  nieni- 
bers  of  the  hoard. 

1891x22.  Trustees  of  former  districts  to  convey  property 
to  board  of  education.  Upon  the  appointment  or  election  and 
qualification  of  a  board  of  education  for  any  county  school 
district  of  the  first  class,  the  trustees  of  all  school  districts  for- 
merly existing  in  said  county  school  districts  of  the  first  class 
shall  convey  and  deliver  all  the  school  property  in  said  districts 
to  the  board  of  education  of  said  county  school  district  of  the 
first  class;  and  the  title  of  all  such  property,  and  all  property 
hereafter  acquired  for  school  purposes  in  said  districts,  shall  be 
conveyed  to  and  vested  in  said  board  of  education,  for  the  use 
of  the  district  schools  of  said  district;  and  all  rights,  claims 
and  causes  of  action  to  or  for  said  property,  or  the  use  or  in- 
come thereof,  or  for  any  conversion,  disposition,  or  withholding 
thereof,  or  for  any  damage  or  injury  thereto,  shall  at  once  vest 
in  the  board  of  education  of  said  district,  in  trust  for  the  use 
of  the  district  schools  of  the  district,  and  the  said  board,  in  the 
name  aforesaid,  may  bring  and  maintain  actions  to  recover,. 
protect,  and  preserve  the  property  and  rights  of  the  district 
schools,  and  to  enforce  any  contract  relating  thereto,  and  in  its 
said  name  may  sue  and  be  sued  in  any  court  of  law  or  equity. 
And  all  outstanding  debts  and  obligations  of  any  such  school 
district  shall  be  paid  by  said  board  of  education. 

1891x23.  Teachers'  examinations.  Course  of  study.  Ex- 
aminations for  teachers  in  county  school  districts  of  the  first 
class  shall  he  conducted  by  the  state  board  of  education.  Such 
districts  shall  follow  the  state  course  of  study  and  shall  use 
the  text  hooks  adopted  by  the  state  text  book  commission. 


SCHOOL   LAW  73 

1891x25.  School  property  exempt.  All  property,  real  and 
personal,  held  by  the  board  of  education  shall  be  exempt 
from  general  and  special  staxation,  and  from  all  local  assess- 
ments for  any  purpose,  and  shall  not  be  taken  in  any  manner 
for  debt. 

1891x26.  Districts  to  receive  their  proportion  of  school 
taxes.  All  districts  organized  under  the  provisions  of  this 
chapter  shall  receive  their  pro  rata  share  of  any  state  taxes 
levied  for  the  support  of  district  schools  or  any  funds  that 
may  be  realized  from  any  source  which,  under  the  operation  of 
law,  are  required  to  be  divided  pro  rata  for  the  benefit  of 
children  of  school  age  residing  in  the  state. 

1891x27.  Board  to  estimate  annual  requirements.  Tax 
rates.  The  board  of  education  shall  on  or  before  the  first  day 
of  May  of  each  year,  prepare  a  statement  and  estimate  of  the 
amount  necessary  for  the  support  and  maintenance  of  the 
schools  under  its  charge  for  the  school  year  commencing  on  the 
first  day  of  July  next  thereafter,  and  for  the  purchase  of  school 
sites  and  the  erection  of  school  buildings,  also  the  amount  nec- 
essary to  pay  the  interest  accruing  during  such  year,  and  not 
included  in  any  prior  estimates,  on  bonds  issued  by  the  said 
board;  also  the  amount  of  sinking  fund  necessary  to  be  col- 
lected during  such  year  for  the  payment  and  redemption  of 
said  bonds;  and  shall  forthwith  cause  the  same  to  be  certified 
by  the  president  and  clerk  of  said  board  to  the  officers  charged 
with  the  assessment  and  collection  of  taxes  for  general  county 
purposes  in  the  county  in  which  the  district  is  situated,  and 
such  officers,  after  having  extended  the  valuation  of  property 
on  the  assessment  rolls,  shall  levy  such  per  cent  as  shall,  as 
nearly  as  may  be,  raise  the  amount  required  by  the  board, 
which  levy  shall  be  uniform  on  all  property  within  the  said 
district  as  returned  on  the  assessment  roll,  and  the  said  county 
officers  are  hereby  authorized  and  required  to  place  the  same 
on  the  tax  roll;  provided,  that  districts  of  the  first-class  exist- 
ing at  the  time  of  the  enactment  of  this  law,  and  that  where 
districts  not  existing  on  the  first  day  of  May  shall  come  into 
existence  by  the  second  Monday  in  July  in  any  year,  the  time 


74  SCHOOL   LAW 

o\'  preparing  the  statement  and  estimate  above  named  shall  be 
extended  to  the  third  Monday  in  July;  and  any  levy  of  special 
tax  that  may  have  been  made  in  any  district  abolished  or  super- 
seded by  the  creation  of  such  new  districts  shall  be  vacated. 
Said  taxes  shall  be  collected  by  the  county  treasurer  as  other 
taxes  are  collected  but  without  additional  compensation  for 
assessing  and  collecting,  and  he  shall  pay  to  the  treasurer  of 
said  board,  promptly  as  collected,  who  shall  hold  the  same 
subject  to  the  order  of  the  board  of  education;  provided,  that 
the  tax  on  all  the  taxable  property  of  said  district  for  the  sup- 
port and  maintenance  of  schools,  the  purchase  of  school  sites 
and  erection  of  school  buildings,  shall  not  exceed  in  any  one 
year,  in  any  district  whose  assessed  valuation  is  $10,000,000  or 
more,  10  mills  on  the  dollar;  in  any  district  whose  assessed 
valuation  is  more  than  eight  million  dollars  and  less  than  ten 
million  dollars,  12  mills  on  the  dollar;  in  any  district 
whose  assessed  valuation  is  more  than  five  million  dollars  and 
less  than  eight  million  dollars,  13y2  mills  on  the  dollar;  and  in 
any  district  whose  assessed  valuation  is  less  than  five  million 
dollars,  15  mills  on  the  dollar;  provided,  further,  that  the 
board  of  education  in  each  county  school  district  of  the  first 
class  shall  also,  on  or  before  the  first  Monday  in  May  of  each 
year,  furnish  the  board  of  county  commissioners  an  estimate  in 
writing  of  school  funds  needed  in  their  districts  for  the  en- 
suing year  for  the  payment  of  teachers,  of  expenses  of  the 
county  institute,  of  compensation  of  superintendent  of  schools, 
which  estimate  shall  be  taken  by  the  board  of  county  commis- 
sioners, as  required  by  Section  1864,  Compiled  Laws  of  Utah, 
1907,  or  in  lieu  thereof  when  there  is  no  county  superintendent, 
as  a  basis  for  the  county  school  tax  levy  provided  for  in  Sec- 
tion 1865,  Compiled  Laws  of  Utah,  1907. 

1891x28.  County  treasurer  to  pay  over  taxes.  The  re- 
spective county  treasurers  shall  pay  over  to  the  board  of  edu- 
cation as  fast  as  collected  or  realized  its  proportionate  amount 
of  delinquent  taxes,  interest,  and  costs  on  all  tax  sales  here- 
tofore or  hereafter  made. 

1891x29.     Special  school  taxes  for  buildings.     The  board 


SCHOOL   LAW  75 

of  education  may,  at  the  annual  school  election  or  at  a  special 
election,  in  its  discretion,  submit  to  the  voters  of  the  district 
the  question  of  levying  a  special  tax  not  to  exceed  two  per  cent 
of  all  taxable  property  in  the  district,  for  one  or  more  years,  to 
buy  sites,  build  and  furnish  school  houses,  or  improve  the 
school  property  under'  its  control.  If  the  voters  declare  in 
favor  of  such  tax,  it  shall  be  levied  and  collected  as  other  school 
taxes,  and  the  board  of  education  may  apply  any  money 
available,  raised  from  taxation,  to  the  building  of  or  the  im- 
proving of  the  school  property  under  its  charge.  The  board  of 
education  shall  give  such  reasonable  notice  of  such  submission 
as  it  may  deem  proper,  and  if  submitted  at  a  special  election, 
may  follow  the  procedure,  so  far  as  applicable,  for  the  issuance 
of  bonds.  The  certification  and  collection  of  the  special  tax 
provided  for  in  this  section  shall  be  as  directed  in  sections 
eighteen  hundred  and  seventy-two  and  eighteen  hundred  and 
seventy-four,  relating  to  special  taxes. 

1891x30.  Special  election  for  bonding  district.  The  board 
of  education  may,  when  in  its  judgment  it  is  advisable,  or 
shall,  when  petitioned  by  a  majority  of  the  resident  taxpayers 
of  the  school  district,  as  appears  by  the  county  assessment  roll 
of  the  last  preceding  year,  call  an  election  in  each  school  repre- 
sentative precinct  of  the  district,  and  submit  to  the  taxpayers 
of  the  district  whether  bonds  of  such  district  shall  be  issued  and 
sold  for  the  purpose  of  raising  money  for  purchasing  school 
sites,  for  building  or  purchasing  one  or  more  school  houses, 
and  supplying  the  same  with  furniture  and  necessary  appara- 
tus, for  improving  the  grounds,  and  for  the  refunding  and  re- 
demption of  all  or  any  portion  of  any  bonds  outstanding  in 
any  such  district. 

1891x31.  Election,  how  called.  The  election  provided  tor 
in  the  preceding  section  shall  be  called  by  publishing,  for  not 
less  than  ten  days,  a  notice  signed  by  the  president  and  clerk  of 
the  board  of  education,  in  a  newspaper  having  a  general  circu- 
lation in  the  school  district,  and  by  posting  said  notice  at  the 
polling  places  in  each  school  representative  precinct  of  the 
district  for  the  same  length  of  time  next  preceding  said  dec- 


7t>  SCHOOL  LAW 

tion.  The  board  of  education,  before  any  notice  is  published 
or  posted,  shall  appoint  three  electors  in  each  school  repre- 
sentative district  to  conduct  the  bond  election  herein  provided 
for,  who  shall  take  and  subscribe  an  oath  of  office,  and  who 
shall  make  returns  thereof  to  the  board  as  herein  provided. 
Such  notice  shall  contain : 

1.  The  time  and  place  of  holding  the  same. 

2.  The  names  of  the  judges  at  each  polling  place  to  con- 
duct the  same. 

3.  The  time  during  which  the  polls  shall  remain  open. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  years,  not  exceeding  twenty, 
the  whole  or  any  part  of  said  bonds  are  to  run. 

In  case  it  shall  become  necessary  in  a  county  school  dis- 
trict of  the  first  class  to  incur  additional  indebtedness  as  pro- 
vided in  section  eighteen  hundred  and  seventy-six,  the  elec- 
tion therefor  shall  be  called  and  conducted  as  prescribed 
in  this  section,  except  that  the  fourth  subvivision  required 
herein  in  the  notice  shall  specify,  instead  of  the  amount  and 
denomination  of  the  bonds,  etc.,  the  amount  of  indebtedness 
which  the  board  proposes  to  incur  or  create,  and  for  what 
purpose. 

1891x32.  Form  of  ballot.  The  ballot  used  at  such  elec- 
tion shall  be  furnished  by  the  board  of  education,  and  shall 
express  upon  its  face  the  questions  the  board  desires  to  submit 
to  the  taxpayers. 

No  informalities  in  conducting  such  election  shall  invali- 
date the  same,  if  it  shall  have  been  otherwise  legally  conducted. 

1891x33.  Qualifications  of  electors.  Every  registered 
voter  residing  in  any  school  representative  district  in  which 
any  election  is  held  for  the  purpose  of  determining  the  question 
of  issuing  bonds  for  such  school  district,  and  who  shall  have 
paid  a  property  tax  therein  in  the  year  preceding  such  election, 
shall  be  entitled  to  vote  at  any  such  election.  Challenges  for 
cause  by  any  qualified  voter  shall  be  allowed  at  such  election, 
and  promptly  decided  by  the  judges  conducting  the  same. 


SCHOOL   LAW  77 

1891x34.  Canvass  of  votes  cast.  Statement  to  be  filed  with 
the  county  clerk.  Immediately  after  the  closing  of  the  polls, 
the  persons  appointed  to  conduct  the  same  shall  proceed  to 
count  and  canvass  the  ballots  cast  at  such  election,  and  make 
returns  thereof  to  the  board  of  education ;  and  said  board  shall, 
within  five  days  after  said  election,  meet  and  canvass  said 
returns,  and  if  a  majority  of  the  ballots  cast  at  said  election 
are  in  favor  of  issuing  suoh  bonds,  then  the  board  shall 
cause  an  entry  of  that  fact  to  be  made  upon  its  minutes,  and 
shall  immediately  file  with  the  clerk  of  the  county  in  which 
such  school  district  is  situated,  a  certified  copy  of  the  order  of 
the  board  of  education,  and  certified  copies  of  the  notices 
published  or  posted,  calling  such  election,  with  an  affidavit 
showing  when  and  where  said  notices  were  published  or  posted, 
and  that  they  were  published  or  posted  as  required  by  law 
and  the  order  of  the  board  of  education.  The  board  shall  also 
file  with  said  clerk  a  statement  showing  the  approximate  num- 
ber of  inhabitants  and  the  value  of  taxable  property  in  the 
district ;  that  the  amount  of  bonds  proposed  to  be  issued,  in- 
cluding existing  indebtedness,  does  not  exceed  four  per  cent  of 
the  value  of  taxable  property  in  the  district;  that  the  election 
at  which  the  question  of  issuing  bonds  was  submitted  was  law- 
fully called  and  held ;  that  all  proceedings  in  relation  to  the 
proposed  issue  of  bonds  in  said  district  were  lawfully  con- 
ducted, and  that  such  bonds  may  be  lawfully  issued ;  and  there- 
upon said  board  of  education  shall  be  and  it  is  hereby  author- 
ized and  directed  to  issue  the  bonds  of  such  district  to  the  num- 
ber and  amount  voted  for  at  such  election.  The  money  for  the 
redemption  of  said  bonds,  and  the  payment  of  the  interest 
thereon  as  it  shall  become  due,  shall  be  raised  by  taxation  upon 
the  taxable  property  of  said  district ;  provided,  that  the  total 
amount  of  bonds  so  issued,  including  existing  indebtedness, 
shall  not  exceed  four  per  cent  of  the  taxable  property  of  the 
district,  as  shown  by  the  last  equalized  assessment  roll  for 
county  purposes. 

1891x35.  Denomination  of  bonds.  Interest.  Time.  The 
denomination  of  the  bonds  which  may  be  issued  under  the 
provisions  of  this  chapter  shall  be  fifty  dollars  or  some  multi- 


78  SCHOOL   LAW 

pie  of  fifty,  n«>t  exceeding  one  thousand  dollars,  and  shall  bear 
interest  of  not  exceeding  the  rate  of  five  per  cent  per  annum, 
payable  semi-annually  or  annually,  in  accordance  with  interest 
coupons  which  shall  be  attached  to  said  bonds,  and  shall  be 
made  payable  not  more  than  twenty  years  from  their  date. 
The  hoard  of  education  may  reserve  the  right  to  redeem  such 
bonds,  or  any  of  them,  at  any  time  after. five  years  from  their 
issue.  Any  bonds  heretofore  authorized  by  vote  of  any  school 
district,  remaining  unsold  may.  in  the  discretion  of  the  board, 
be  hereinafter  issued  to  bear  any  rate  of  interest  not  exceeding 
five  per  cent  per  annum,  payable  annually  or  semi-annually. 

1891x36.  Form  of  bonds.  Whenever  any  bonds  are  issued 
under  the  provisions  of  this  chapter,  they  shall  be  engraved, 
lithographed,  or  printed  on  bond  paper,  and  shall  state  upon 
their  face  the  date  of  their  issue,  the  amount  of  bond,  for  what 
purpose  issued,  also  the  time  and  place  of  payment  and  the 
rate  of  interest  to  be  paid.  They  shall  have  printed  upon  the 
margin  the  words  "Authorized  by  Act  of  the  Legislature  of  the 
State  of  Utah,  A.  D.  1897,  and  all  Supplemental  and  Amenda- 
tory Acts,"  and  upon  the  back  of  each  bond  shall  be  printed  a 
certificate,  signed  by  the  county  clerk,  in  substantially  the  fol- 
lowing form:  I  certify  that  the  within  bond  is  issued  in  ac- 
cordance with  law,  and  is  within  the  debt  limit  permitted  by 
the  Constitution  and  Laws  of  the  State  of  Utah,  and  in  accord- 
ance with  a  vote  of  the  tax-payers  of school 

district  of county,  State  of  Utah,  at 

an  election  held  on  the  day  of ,  1 , 

authorizing  bonds  to  the  amount  of _ dol- 
lars. They  shall  be  signed  by  the  president  and  clerk  of  the 
board  of  education  and  countersigned  by  the  treasurer  there- 
of, and  there  shall  be  entered  in  a  book  to  be  kept  by  the  clerk 
for  that  purpose,  the  number,  date,  and  denomination  of  the 
bonds  sold  and  the  date  when  the  same  shall  become  due. 

1891x37.  Board  may  sell  bonds.  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  chapter,  the  board  of 
education  shall  have  authority  to  negotiate  and  sell  such  bonds 
to  the  highest  bidder.    No  contingent  bid  shall  be  received,  and 


SCHOOL   LAW  79 

every  bid  shall  be  accompanied  by  a  certified  check  of  five  per 
cent  as  a  forfeit  payable  to  the  order  of  the  board  of  educa- 
tion. The  board  may  reject  any  or  all  bids.  The  proceeds 
shall  be  used  exclusively  for  the  purpose  for  which  they  are 
issued. 

1891x38.  Bonds,  how  canceled.  Whenever  any  of  the 
bonds  of  the  school  district  shall  have  been  redeemed  or  pur- 
chased by  the  board  of  education,  they  shall  be  canceled  by 
writing  or  printing  in  red  ink  across  each  bond  and  coupon  the 
words,  "Paid  and  canceled;"  and  the  date  of  payment  and 
amount  paid  shall  be  entered  in  the  clerk's  register  against 
the  number  of  the  bond,  and  the  bond  and  coupons -so  canceled 
shall  be  filed  in  the  office  of  the  clerk  of  the  board  and  pre- 
served in  a  book  to  be  kept  for  that  purpose.  Any  bond  or 
bonds  heretofore  or  hereafter  issued  by  any  board  of  education 
or  school  district  may  be  refunded  at  any  time  by  such  board 
or  school  district  when  a- lower  rate  of  interest  or  better  terms 
can  be  obtained,  and  the  provisions  hereof  as  to  elections  shall 
not  apply. 

1891x39.  Interest  and  sinking  fund.  The  board  of  educa- 
tion, in  its  annual  estimate  and  levy  provided  for  in  this 
chapter,  shall  include  an  amount  sufficient  to  pay  the  interest 
as  the  same  accrues  on  all  outstanding  bonds  issued  by  the 
board,  and  also  to  create  a  sinking  fund  of  two  per  cent  of  the 
par  value  of  outstanding  bonds  for  the  redemption  of  said 
bonds,  and  shall  cause  a  tax  to  be  levied  and  collected  as  pro- 
vided for  in  this  chapter,  and  such  money  shall  remain  a 
specific  fund,  and  shall  not  be  appropriated  or  used  for  any 
other  purpose  than  is  hereinafter  provided. 

1891x40.  Investment  of  sinking  fund.  The  moneys  levied 
and  collected  for  creating  a  sinking  fund  for  the  redemption  of 
the  bonds  issued  by  the  board  of  education  shall  be  used  as 
follows:  After  retaining  an  amounl  sufficient  to  pay  the 
principal  of  the  bonds  maturing  during  the  year,  the  board 
shall,  with  the  surplus  of  th  )  sinking  fund,  invest  the  same  in 
bonds  of  the  State  of  Utah,  or  of  any  school  district,  town,  city 


80  SCHOOL  LAW 

or  county  thereof,  or  of  the  United  States,  on  the  best  terms  to 
be  obtained,  until  such  time  as  it  may  be  needed  to  purchase 
any  outstanding  bonds  that  may  be  offered,  or  until  the  ma- 
turity of  any  such  bonds. 

1891x41.  Bonds  a  lien  on  property  of  district.  Bonds 
issued  under  the  provisions  of  this  chapter  shall  be  a  lien  upon 
the  taxable  property  of  the  school  district  issuing  them,  and 
when  the  board  of  education  neglects  or  refuses  to  levy  a  tax 
in  accordance  with  law  to  meet  the  outstanding  bonds  or  the 
interest  thereon,  the  board  of  county  commissioners  of  the 
county  within  which  such  district  is  situated,  shall  levy  such 
tax  and  apply  the  money  thus  collected  to  the  payment  of  such 
bonds  and  the  interest  due  thereon. 

1891x42.  Board  shall  advertise  for  bids  for  building 
school  houses..  AVhenever  any  school  house  is  to  be  built,  the 
board  of  education  shall  advertise  for  at  least  ten  days  in  some 
newspaper  published  in  the  county  for  sealed  proposals  for 
building  such  school  house  in  accordance  with  the  plans  and 
specifications,  wmich  shall  be  furnished  by  the  board  of  educa- 
tion at  its  office  or  at  the  office  of  the  architect,  stating  in  such 
advertisement  or  notice  the  place  where  and  the  day  and  hour 
when,  all  proposals  will  be  opened,  and  reserving  the  right  to 
reject  any  and  all  proposals,  and  shall  require  a  certified  check 
of  not  less  than  five  per  cent  of  the  amount  of  the  bid  to 
accompany  the  same,  which  check  shall  be  made  payable  to  the 
order  of  the  board  of  education,  and  the  check  of  the  successful 
bidder  shall  be  forfeited  in  case  he  fails  or  refuses  to  enter  into 
the  contract  and  furnish  the  bond  required.  At  the  time  and 
place  specified  in  said  notice,  the  board  shall  meet  and  publicly 
open  and  read  all  the  proposals  which  have  been  received,  and, 
if  satisfactory  bids  have  been  received,  shall  award  the  con- 
tract to  the  lowest  responsible  bidder  and  shall  require  of  such 
bidder  or  contractor  a  bond  in  one-half  the  amount  of  the  con- 
tract, conditioned  that  he  will  properly  perform  its  conditions 
in  a  faithful  manner  and  in  accordance  with  its  provisions.  In 
case  none  of  the  proposals  are  satisfactory,  all  shall  be  rejected, 
and  said  board  shall  advertise  anew  in  the  same  manner  as 


SCHOOL   LAW  81 

before.  It  may  require  in  the  contract  to  be  executed  that  at 
least  twenty  per  cent  of  the  contract  price  may  be  withheld 
until  the  building  is  completed  and  accepted  by  the  board. 
But  if  after  twice  advertising,  as  provided  herein,  no  satisfac- 
tory bid  is  received,  the  board  may  proceed  under  its  own 
directions  to  erect  the  building  required,  or  in  case  of  a  build- 
ing not  exceeding  five  thousand  dollars  in  cost,  if  no  satisfac- 
tory bid  is  received  at  the  first  notice,  the  board  may  proceed 
with  the  construction  as  it  may  determine ;  provided,  that  no 
member  of  the  board  of  education  shall  be  financially  interested 
in  the  contract,  directly  or  indirectly,  in  the  erection  of  any 
school  building. 

1891x43.  Parental  schools.  The  board  of  education  of 
any  county  school  district  of  the  first  class,  or  board  of  edu- 
cation of  any  two  or  more  such  districts,  under  a  contract 
to  be  approved  by  each  of  such  boards,  may  provide  for  the 
establishment  and  maintenance  of  parental  schools,  and  for 
the  support  and  education  of  the  inmates  thereof,  conformably 

with  the- provisions  of  this  chapter. 

• 

1891x44.     Truants  may  be  committed  to  parental  schools. 

Any  child  between  the  ages  of  eight  and  fourteen  years,  resid- 
ing within  the  district  or  districts  maintaining  such  a  school, 
adjudged  guilty  of  being  a  habitual  truant,  or  of  wandering 
about  in  the  streets  and  public  places  of  said  district  or  dis- 
tricts without  lawful  employment  or  business,  may  be  com- 
mitted to  the  parental  school  provided  for  the  purpose,  for  a 
term  not  extending  beyond  the  age  of  fourteen  years. 

1891x45.  Truant  may  be  released.  Any  child  committed 
;is  provided  in  the  next  preceding  section  may  be  released 
from  confinement  ;it  such  school,  either  conditionally  or  abso- 
lutely, before  the  expiration  of  the  term  of  commitment,  in 
accordance  with  the  by-laws  established  by  the  board  or  boards 
o?  education  maintaining  the  same. 

1891x46.  Neglected  children  may  be  committed  to  paren- 
tal school.    Children  under  sixteen  years  of  age  who,  by  reason 


Si?  SCHOOL    LAW 

o\'  neglect,  crime,  drunkenness,  or  other  vices  of  parents,  or  by 
reason  of  orphanage,  are  suffered  to  grow  up  without  salutary 
parental  control  and  education,  or  in  circumstances  encourag- 
ing them  to  load  idle  and  dissolute  lives,  may  be  committed  to 
the  proper  parental  school  for  a  term  not  extending  beyond 
the  age  o(  sixteen  years. 

1891x47.  How  discharged.  When  the  parents  of  a  child 
committed  under  the  next  preceding  section  have  reformed 
and  arc  loading  orderly  and  industrious  lives,  and  are  in  a  con- 
dition to  exercise  salutary  control  over  such  child,  and  to  pro- 
vide him  with  proper  education  and  employment;  or  when, 
said  parents  being  dead,  any  person  offers  to  make  such  suit- 
able provisions  for  the  care,  nurture,  and  education  of  such 
child  as  will  conduce  to  the  public  welfare,  the  board  of  educa- 
tion may  discharge  him  to  the  parents  or  such  other  person. 

1891x48.  District  court  has  jurisdiction.  The  district 
courts  of  the  several  counties  shall  have  jurisdiction  within 
their  respective  counties  to  enforce  the  provisions  of  this  chap- 
ter, upon  such  notice  to  the  parents  or  guardians  of  the 
children  whom  it  is  proposed  to  commit  to-  parental  schools  as 
the  court  may  deem  just  and  proper. 

1891x49.  Parents  pay  cost  of  children  in  parental  school. 
Any  board  or  boards  of  education  maintaining  a  parental 
school  in  accordance  with  section  1891x43,  shall  estimate 
and  determine,  as  near  as  may  be,  the  average  actual  ex- 
pense per  month  of  keeping  and  taking  care  of  the  boys  and 
girls  who  may  be  committed  to  the  parental  school,  and  the 
average  cost  of  keeping  such  boys  and  girls  shall  be  wholly 
paid  by  the  parent  or  guardian  of  each  boy  or  girl  committed 
to  the  school,  unless  for  good  cause  said  board  or  boards  of 
education  shall  otherwise  order  and  direct.  The  board  of 
education  of  the  district  in  which  the  parent  or  guardian  of 
any  such  committed  boy  or  girl  resides  may  bring  suit  to  en- 
force this  provision. 

1891x50.  Other  children  may  be  received  in  parental 
school.     On  the  tender  of  a  payment  which  will  meet  all  costs 


SCHOOL    LAW  83 

of  support  at  the  parental  school,  the  board  or  boards  of  educa- 
tion maintaining  such  school  may  receive  into  it  on  equal 
terms  boys  or  girls  whose  residence  is  in  the  state  outside  the 

* 

district  or  districts  to  which  the  school  belongs. 

1891x51.  Truant  officer.  The  board  of  education  of  each 
county  school  district  of  the  first  class  may  appoint  and  fix 
the  compensation  of  a  truant,  officer  whose  duty  it  shall  be  to 
make  complaints  and  arrest  in  cases  contemplated  by  this 
chapter,  and  to  serve  legal  process  issued  by  courts  in  pursu- 
ance hereof.  The  sheriff  of  the  county  shall  make  such  truant 
officer  a  deputy  sheriff  to  serve  without  pay.  so  far  as  the 
sheriff's  office  is  concerned. 

1891x52.  County  superintendent's  office  vacant  in  certain 
cases.  When  a  county  of  the  first  class  is  so  organized  as  to 
school  districts  that  there  are  no  such  districts  therein,  other 
than  those  of  cities  of  the  first  or  second  class  and  county 
schools  districts  of  the  first  class,  on  the  first  Monday  in 
August  of  any  year  in  which  there  is  a  general  election  for 
county  officers,  then  no  county  superintendent  of  schools  shall 
be  elected  for  such  county  at  that  election,  and  the  office  shall 
become  and  remain  vacant  for  the  succeeding  term  or  terms. 
as  the  case  may  be,  except  that  in  the  event  of  there  being  no 
election  for  county  superintendent  of  schools  in  the  year  nine- 
teen hundred  and  six,  the  present  incumbent  shall  hold  office 
till  the  first  day  of  July,  nineteen  hundred  and  seven;  but  the 
board  of  county  commissioners  shall  fix  the  salaries  therefor, 
as  required  by  law,  to  be  distributed  pro  rata  among  school 
superintendents  in  county  school  districts  of  the  first  class,  as 
provided  in  section  1891x27,  as  compensation  for  services 
in  whole  or  in  part,  as  such  compensation  may  be  fixed  by 
the  board  of  education  of  the  district,  no  other  compensation 
than  thai  fixed  by  the  board  of  county  commissioners  to  come 
out  of  the  general  school  fund  of  the  county.  Where  there 
is  no  county  superintendent  of  schools  under  the  foregoing 
provision,  then  the  county  auditor  shall  make  to  the  school 
districts  in  the  county  th<  apportionment  of  school  funds 
provided    for    in    section  eighteen   hundred   and   sixty-seven, 


84  SCHOOL  LAW 

and  thr  county  treasurer  shall  pay  such  apportioned  funds  to 
the  school  district  treasurer  upon  the  warrants  of  the  county 
auditor,  who  shall  make  reporl  thereof  to  the  board  of  county 
commissioners,  and  to  the  ktate  Superintendent,  as  provided  by 
Law.  When  there  is  no  county  superintendent,  the  board  of 
county  commissioners  shall  arrange  the  county  teachers'  insti- 
tutes under  the  regulations  in  section  seventeen  hundred  and 
ninety-three,  and  designate  the  school  district  superintendent 
id  the  county  which  shall  take  charge  thereof. 

1891x53.  Registration  lists  to  be  furnished.  It  shall  be  the 
duty  of  the  county  clerk  to  furnish  to  boards  of  education  in 
county  school  districts  of  the  first  class,  at  least  five  days  pre- 
vious to  the  day  of  election  for  members  of  the  said  board,  a 
certified  copy  of  the  registration  list,  showing  the  names  of  all 
registered  voters  residing  in  the  election  district  covered  by 
such  school  districts. 


CHAPTER  17. 

SCHOOLS  IN  CITIES. 
Board  of  Education. 

1892.  This  chapter  applicable  to  cities  of  the  first  and  sec- 
ond class.  Control.  All  cities  of  the  first  and  of  the  second 
class  shall  be  governed  by  the  provisions  of  this  chapter.  Thf 
public  school  system  therein  shall  be  controlled  by  the  board  of 
education  of  such  cities,  separate  and  apart  from  the  counties 
in  which  the  cities  are  located. 

1893.  Each  city  a  school  district.  Control.  Each  city 
subject  to  the  provisions  of  this  chapter,  and  all  territory 
which  shall  hereafter  be  added  thereto,  shall  constitute  one 
school  district,  and  public  schools  therein  shall  be  free  to  all 
residents  thereof  between  the  ages  of  six  and  eighteen  years 
of  age  and  of  children  within  the   required   age  whose  father, 


SCHOOL   LAW  85 

mother  or  guardian  is  a  taxpayer  within  said  district.  All  pub- 
lic schools  and  property  therein  shall  be  under  the  direction 
and  control  of  the  board  of  education. 

1894.  Membership  of  board  of  education.  The  board  of 
education  of  cities  of  the  first  class  shall  consist  of  ten  mem- 
bers, two  to  be  elected  from  and  by  each  municipal  ward ;  and, 
of  cities  of  the  second  class,  shall  consist  of  five  members,  one 
tn  be  elected  from  and  by  each  municipal  ward. 

1895.  Election  of  members  of  board  in  cities  of  the  first 

class.  There  shall  be  elected  in  cities  of  the  first  class,  on  the 
first  Wednesday  of  December,,  eighteen  hundred  and  ninety- 
seven,  two  members  of  the  board  from  each  municipal  ward, 
one  for  the  term  of  one  year  and  one  for  the  term  of  three 
years;  and  in  eighteen  hundred  and  ninety-eight,  and  bien- 
nially thereafter,  on  the  first  Wednesday  of  December,  one 
member  from  each  municipal  ward  for  the  term  of  four  years. 

1896.  Election  of  members  of  board  in  cities  of  the  sec- 
ond class.  There  shall  be  elected  in  cities  of  the  second  class, 
on  the  first  Wednesday  of  December,  1916,  one  member  of. the 
board  of  education  from  the  first  municipal  ward  for  a  term  of 
one  year;  one  member  from  the  second  municipal  ward  for  a 
term  of  two  years;  one  member  from  the  third  municipal  ward 
for  a  term  of  three  years;  one  member  from  the  fourth  munici- 
pal ward  for  a  term  of  four  years;  one  member  from  the  fifth 
municipal  ward  for  a  term  of  five  years;  and  thereafter  there 
shall  be  elected  annually  on  the  first  Wednesday  in  Decem- 
ber for  the  term  of  five  years,  a  member  from  the  ward  in 
which  the  term  of  a  member  expires. 

1897.  When  term  shall  begin.  Members  of  the  board  of 
education  shall  qualify  previous  to,  and  take  their  seats  at, 
the  first  regular  meeting  in  January  next  after  their  election, 
and  shall  serve  until  their  successors  are  duly  elected  and 
final  ified. 

1898.  Conduct  of  elections  for  members  of  board  of  edu- 
cation.    Elections  for  members  of  the  board  shall  be  called  and 


86  SCHOOL   LAW 

conducted,  and  the  canvass  of  returns  shall  be  made,  and  the 
qualification  of  electors  shall  be  as  provided  in  the  general  reg- 
istration and  election  laws,  except  as  in  this  section  here- 
after provided.  There  must  be  at  least  one  voting  place  in 
each  municipal  ward.  It  shall  not  be  necessary  to  file  certifi- 
cates of  Domination  of  candidates,  nor  to  publish  a  list  of  nomi- 
nations. Appointments  of  judges  of  election  shall  be  made 
by  the  board  of  education  at  any  convenient  time  prior  to  the 
day  of  election.  The  board  of  education  shall  furnish  the 
judges  of  election  at  every  polling  place  with  a  sufficient  num- 
ber of  plain  envelopes  for  election  purposes  and  shall  pay  all 
other  lawful  and  necessary  expenses  of  the  election.  Such  en- 
velopes shall  be  uniform  in  size  and  quality,  without  any 
marks,  writing,  printing,  or  device  upon  them;  and  no  other 
kind  shall  be  used  at  any  election.  Every  voter  shall  designate 
on  a  single  ballot,  written  or  printed,  the  name  of  the  person 
or  persons  voted  for  with  a  pertinent  designation  of  the  office 
to  be  filled.  The  ballot  shall  be  folded  and  placed  in  one  of 
the  envelopes  hereinbefore  provided  for,  and  shall  be  delivered 
to  the  presiding  judge  of  election,  who  shall  in  the  presence  of 
the  voter,  on  the  name  of  the  proposed  voter  being  found  on 
the  registry  list,  and  on  all  challenges  to  such  vote  being  de- 
cided in  favor  of  such  voter,  deposit  it  in  the  ballot  box,  with- 
out any  mark  whatever  being  placed  upon  such  envelope ; 
otherwise  the  ballot  shall  be  rejected.  The  board  of  education 
shall  exercise  all  such  powers  relative  to  school  elections  in 
their  respective  cities  as  are  conferred  upon  the  board  of 
county  commissioners  in  other  elections,  so  far  as  conformable 
with  this  title. 

1899.  Qualification  of  members  of  board.  Vacancy. 
Every  member  of  the  board  of  education  in  cities  of  the  first 
and  of  the  second  class  shall  be  and  remain  a  resident,  qualified, 
registered  voter  in  the  municipal  ward  from  which  he  is 
elected,  and  the  board  of  education  is  hereby  required  to  fill 
any  vacancy  that  may  occur  through  non-residence  or  any" 
other  cause,  until  the  next  election  of  members  of  the  board ; 
and,  in  case  the  board  of  education  shall,  for  a  period  of  thirty 
days  after  such   vacancy  shall   occur,  fail  to  agree  upon  the 


SCHOOL   LAW  87 

election  of  a  member  to  fill  such  vacancy,  then  the  mayor  of 
the  city,  by  and  with  the  consent  of  the  city  council,  shall  fill 
such  vacancy  until  the  next  election;  provided,  that  any 
vacancy  occurring  previous  to  the  annual  election  having  an 
unexpired  term  shall  be  filled  for  such  unexpired  term  at 
the  first  school  election  thereafter,  and  the  ballots  shall  be  as 
follows : 

"To  fill  the  unexpired  term _ " 

Organization  of  the  board. 

1900.  Organization  of  board  of  education.  The  members 
elected  as  herein  provided  shall,  before  entering  upon  the 
discharge  of  their  duties,  take  and  subscribe  the  oath  of 
office.  In  cities  of  the  first  class  they  shall  organize  by  electing 
from  their  number  a  president  and  a  vice-president,  whose 
term  of  office  shall  be  for  two  years,  and  until  their  successors 
are  elected  and  qualified.  In  cities  of  the  second  class  the 
member  having  one  year  to  serve  shall  be  ex-officio  president 
and  the  member  having  two  years  to  serve  shall  be  ex-officio 
vice-president.  They  shall  also  elect  a  clerk  and  a  treasurer, 
who  shall  be  registered  voters  in  the  school  district,  and  whose 
respective  terms  of  office  shall  be  two  years,  and  until  their 
successors  are  elected  and  qualified. 

1901.  Removal  of  officers.  Any  officer  appointed  or 
elected  by  the  board  of  education  for  a  specified  term  may  be 
removed  from  his  office  for  cause  by  the  vote  of  two-thirds  of 
the  board. 

1902.  Board  may  appoint  necessary  officers.  The  board 
of  education  shall  have  power  to  appoint  all  other  officers  that 
in  its  judgment  may  be  necessary  fully  to  carry  out  the  pro- 
visions of  this  chapter,  for  the  protection  and  improvement  of 
school  property,  and  for  the  promotion  of  the  interests  of  the 
schools,  and  remove  the  same  at  pleasure,  and  may  require  any 
such  officer  to  give  bonds  to  the  board  in  such  sum  as  il  in,i\ 
prescribe.  The  oath  of  office  and  bond  of  the  clerk  shall  be 
filed  with  the  treasurer,  and  all  others  shall  be  filed  with  the 
clerk. 


SCHOOL    LAW 

1903.  Election  of  superintendent.  Oath  and  bond.  At 
the  tirsi  meeting  of  the  board  in  June,  eighteen  hundred  and 
ninety-eight  and  biennially  thereafter,  a  superintendent  of 
schools  shall  be  elected,  who  shall  subscribe  an  oath  of  office, 
and  shall  enter  upon  his  duties  on  the  first  day  of  July  there- 
after. His  term  of  office  shall  be  two  years,  and  until  his  suc- 
cessor shall  be  elected  and  qualified. 

1904.  School  year.  Reports.  The  school  year  shall  com- 
mence on  the  first  day  of  July  annually,  and  close  on  the  last 
day  of  June  following: 

Reports. 

The  annual  reports  of  the  president,  the  superintendent, 
and  the  several  committees  shall  be  presented  to  the  board  at 
or  before  the  first  regular  meeting  in  August  of  each  year. 

1905.  Compensation  of  members.  Penalty.  The  members 
of  the  board  of  education  shall  fix  the  compensation  to  be  re- 
ceived for  their  services,  at  a  sum  not  to  exceed  one  hundred 
dollars  per  annum.  No  members  of  the  board  of  education 
shall  take  any  contraet,  receive  appointment  or  perform  labor 
for  which  he  shall  receive  payment  from  the  school  funds  or 
in  any  way  receive  compensation  other  than  the  salary  herein 
provided. 

Any  violation  of  the  provisions  of  this  section  shall  be 
deemed  a  misdemeanor. 

1906.  Annual  school  census.  The  board  of  education 
shall  appoint  suitable  persons  for  each  ward,  who  shall  act  as 
e numerators  for  school  population  for  said  ward  and  visit 
every  house  therein  between  the  fifteenth  and  thirty-first  days 
of  July  each  year,  and  ascertain  and  enter  upon  the  lists  the 
name  of  every  person  between  the  ages  of  six  and  eighteen 
years  residing  in  such  ward,  and  also  the  name,  age,  postoffice 
address,  and  name  of  the  parent  or  guardian  of  every  deaf  or 
dumb  person  over  the  age  of  five  and  under  the  age  of  thirty 
years,  too  deaf  or  dumb  to  receive  an  education  in  the  public 
schools.     Such  enumeration  lists  shall  contain  all  information 


SCHOOL   LAW  89 

required  by  law  and  such  other  information  as  the  State  Super- 
intendent and  the  board  of  education  may  require. 

1907.  Id.  Report  to  State  Superintendent.  Allotment 
of  school  funds.  The  enumeration  lists  shall  be  filed  with  the 
clerk  of  the  board  as  soon  as  completed,  and  not  later  than  the 
tenth  day  of  August.  Immediately  thereafter,  the  clerk  of  the 
board  shall  make  out  and  forward  to  the  State  Superintendent 
a  statement  showing  the  number  of  children  of  school  age 
residing  in  the  district,  together  with  all  information  obtained 
under  the  provisions  of  the  next  preceding  section,  and  financial 
and  statistical  reports  for  the  past  school  year,  containing  such 
items  as  shall  be  required  by  law  or  by  the  State  Superintend- 
ent ;  and  thereupon  the  State  Superintendent  shall  allot  to  such 
city  or  school  district  a  proper  pro  rata  of  school  funds  sub- 
ject to  allotment,  and  shall  apportion  the  amount  due  and  cer- 
tify the  same  to  the  board  of  education  of  said  city. 

Duties  of  President. 

1908.  Duties   of  president  defined.       Vice-president.     It 

shall  be  the  duty  of  the  president  to  preside  at  all  meetings  of 
the  board,  to  appoint  all  committees,  and  to  sign  all  warrants 
ordered  by  the  board  of  education  to  be  drawn  upon  the  treas- 
urer for  school  moneys. 

Vice-president. 

In  case  of  the  absence  or  disability  of  the  president,  his 
duties  shall  be  performed  by  the  vice-president. 

Duties  of  clerk. 

1909.  Bond  of  clerk  of  board.     Before  entering  upor  the 

discharge   of  his   duties,    the   clerk   shall    give   a  bond    to   tin- 
board  of  education  of  such  city  in  such  sum  as  said  board  may 
prescribe,  with  good  and  sufficient  sureties,  to  be  approved  by 
the   board,   conditioned   for   the    faithful    performance   of   his- 
duties,  and  shall  qualify  according  to  law. 

1910.  Duties  and  compensation  of  clerk.     It  shall  he  the 


90  SCHOOL  LAW 

duly  o\'  the  clerk  to  attend  all  meetings  of  the  board;  to  keep 
an  accurate  journal  of  its  proceedings,  and  have  the  care  and 
custody  of  the  seal,  records,  and  papers  not  otherwise  provided 
for j  to  countersign  all  warrants  drawn  upon  the  treasurer 
by  order  of  the  board;  to  keep  an  accurate  account  of  all 
moneys  paid  to  the  treasurer  on  account  of  said  board  and 
from  what  source  received,  and  all  moneys  paid  on  orders 
drawn  on  the  treasurer  by  order  of  said  board;  and  to  prepare 
and  submit  to  the  board  an  annual  statement,  under  oath,  of 
the  receipts  and  disbursements  during  the  year  ending  June 
thirtieth,  which  statement  the  board  shall  cause  to  be  published 
in  a  newspaper  having  general  circulation  in  said  city,  show- 
ing: 

1.  The  amount  on  hand  at  the  date  of  the  last  report; 

2.  The  amount  of  sinking  fund  and  how  invested; 

3.  The  moneys  paid  out,  and  for  what  paid; 

4.  The  balance  of  school  moneys  on  hand ; 

5.  The  number,  date,  and  amount  on  every  bond  issued 
and  redeemed  under  the  authority  herein  given,  and  the 
amount  received  and  paid  therefor. 

Compensation  of  clerk. 

The  clerk  shall  perform  such  other  duties  as  the  board 
and  its  committees  may  require.  He  shall  receive  for  his  ser- 
vices such  compensation  as  the  board  may  determine. 

Duties  of  treasurer. 

1911.  Duties  and  compensation  of  treasurer.  The  treas- 
urer of  the  board  of  education  shall  subscribe  to  the  oath  of 
office  and  give  a  bond  to  the  board  with  sufficient  sureties  and 
in  such  sum  as  the  board  may  require ;  said  oath  and  bond  to 
be  approved  by  the  board  and  filed  with  its  clerk.  He  shall  be 
the  custodian  of  all  moneys  belonging  to  the  corporation  and 
responsible  upon  his  bond  for  all  moneys  received  by  him  as 
treasurer.  He  shall  prepare  and  submit  in  writing  a  monthly 
report  of  the  receipts  and  disbursements  of  his  office,  and  pay 
out  school  moneys  only  upon  a  warrant  signed  by  the  presi- 


SCHOOL   LAW  91 

dent,  or  in  his  absence  or  disability,  by  the  vice-president, 
countersigned  by  the  clerk,  and  shall  perform  such  other  duties 
as  the  board  may  require. 

Compensation  of  treasurer. 

The  treasurer  shall  receive  for  his  services  such  amount 
as  the  board  of  education  may  fix  and  determine.  The  board 
may  require  the  treasurer  to  keep  his  office  and  records  in  the 
office  of  the  board. 

Powers  of  the  board. 

1912.  Board  of  education  a  body  corporate.  Powers  and 
duties.  The  board  of  education  of  any  such  city  shall  be  a 
body  corporate  under  the  name  of  "The  Board  of  Education 

of City"  (inserting  the  proper  name),  and  shall  have 

an  official  seal  conformable  to  such  name  which  shall  be  used 
by  the  clerk  in  the  authentication  of  all  matters  requiring  it. 

Powers  and  duties  of  board. 

And  said  board,  in  the  name  aforesaid,  may  sue  and  be 
sued;  may  take,  hold,  lease,  sell,  and  convey  real  and  personal 
property,  as  the  interests  of  the  school  may  require.  The 
members  of  the  board  and  the  clerk  thereof  shall  have  the 
power  and  authority  to  administer  oaths  in  proof  of  claims  and 
accounts  against  said  corporation,  and  no  claim  or  account 
except  salaries  of  teachers  and  janitors,  shall  be  audited  or 
allowed  by  the  board  of  education  unless  the  correctness  of 
the  same  shall  be  proved  under  oath. 

1913.  Powers  and  duties  of  board.  The  board  of  educa- 
tion shall  have  the  power  and  authority  to  purchase  or  sell 
schoolhouse  sites  and  improvements  thereon;  to  construct  and 
erect  school  buildings  and  to  furnish  the  same;  to  establish, 
locate,  and  maintain  kindergarten  schools,  common  schools, 
consisting  of  primary  and  grammar  grades,  high  schools,  and 
industrial  or  manual  training  schools;  to  establish  and  support 
school   libraries;  to  purchase,  exchange,   repair  and   Improve 


i)l>  SCHOOL   LAW 

the  high  school  apparatus,  books,  furniture,  fixtures  and  all 
other  school  supplies  in  said  schools.    It  shall  supply  and  loan 
to  pupils  iu  the  several  grades  and  departments  of  said  schools, 
except  the  high  school,  free  of  charge,  all  text  books  and  sup- 
plies used  by  the  pupils  of  said  schools;  it  shall  have  the  power 
to   sell   to   pupils   in   the   several   grades   and   departments   of 
said  school,  at   cost,  all  text  books  and  supplies  used  by  the 
pupils   of   said    schools;    to    collect   all   books   and   apparatus 
loaned   to  pupils  of  the  public  schools  of  any  such  city,  or 
damages  for  the  loss,  injury  or  destruction  of  the  same;  to 
assign  to  the  State  Normal  School  for  the  purpose  of  instruc- 
tion  in   the  practice   school   connected  therewith,   a  sufficient 
Dumber  of  pupils  of  appropriate  grades,  and  reimburse  the 
State  University  or  State  Normal  School  for  the  instruction  of 
such  pupils  at  rates  per  pupil  not  exceeding  the  average  cost 
of  instruction  for  pupils  in  the  public  schools  of  the  city  as 
ascertained  for  each  year;   to   do  all  things  needful  for  the 
maintenance,  prosperity  and  success  of  the  schools,  and   the 
promotion  of  education;   to  adopt  by-laws  and  rules  for  the 
procedure  of  the  board  of  education,  and  make  and  enforce 
all  needful  rules  and  regulations  for  the  control  and  manage- 
ment  of  the  public  schools  of  the  city;  provided,   that  said 
school  boards  shall  purchase  all  books  now  remaining  in  the 
hands  of  the  merchants  of  their  respective  cities,  at  the  intro- 
ductory exchange   price. 

1914.  Sale  of  sites  and  buildings.  No  school  sites  or 
buildings  shall  be  sold  or  conveyed  by  the  board  of  education, 
except  on  resolution  of  the  board,  duly  adopted  at  a  regular 
or  duly  called  meeting,  and  not  then  without  the  affirmative 
vote  of  at  least  two-thirds  of  all  the  members  of  the  board. 

1915.  Board  has  rights  and  duties  of  constituent  districts. 
Suits  by  and  against.  Upon  the  election  and  qualification  of  a 
hoard  of  education  for  any  city,  the  trustees  of  all  school  dis- 
tricts existing  in  said  city  shall  convey  and  deliver  all  the 
school  property  in  said  districts  to  the  board  of  education  of 
said  city;  and  the  title  of  all  such  property,  and  all  property 
hereafter  acquired  for  school  purposes  in  said  city,  shall  be 


SCHOOL   LAW  93 

conveyed  to  and  vested  in  said  board  of  education,  for  the  use 
of  the  district  schools  of  said  city;  and  all  rights,  claims,  and 
causes  of  action  to  or  for  said  property,  or  the  use  or  income 
thereof,  or  for  any  conversion,  disposition,  or  withholding 
thereof,  or  for  any  damage  or  injury  thereto,  shall  at  once  vest 
in  the  board  of  education  of  said  city,  in  trust  for  the  use  of 
the  district  schools  of  the  city,  and  said  board,  in  the  name 
aforesaid,  may  bring  and  maintain  actions  to  recover,  protect, 
and  preserve  the  property  and  rights  of  the  district  schools, 
and  to  enforce  any  contract  relating  thereto,  and  in  its  said 
name  may  sue  and  be  sued  in  any  court  of  law  or  equity.  And 
all  outstanding  debts  and  obligations  of  any  such  school  dis- 
trict shall  be  paid  by  such  board  of  education. 

Board  of  examiners. 

1916.  Board  of  examiners,  how  constituted.  In  each  city 
of  the  first  and  of  the  second  class  there  shall  be  a  board  of 
examiners,  consisting  of  a  city  superintendent  of  public 
schools  or  the  superintendent-elect,  and  two  or  more  other 
members  having  practical  experience  as  teachers,  residents  of 
said  city  to  be  designated  associate  examiners. 

The  associate  examiners  shall  be  elected  by  the  board  of 
education  at  their  first  meeting  in  April  annually,  and  shall 
hold  office  for  one  year,  but  no  candidate  for  examination  as  a 
preliminary  to  teaching  in  the  public  schools  shall  be  an  asso- 
ciate examiner. 

1917.  Chairman  of  examiners.     The  city  superintendent 

of  public  schools,  or  superintendent-elect,  shall  be  chairman  of 
the  board  of  examiners. 

1918.  Compensation  of  associate  examiners.  The  asso- 
ciate examiners  shall  receive  such  a  staled  compensation  per 
diem  for  services  actually  rendered  as  may  be  allowed  them 
by  the  board  of  education.  The  chairman  of  the  board  of 
examiners  shall  certify  to  the  correctness  of  claims  tor  ser- 
vices rendered  by  the  associate  examiners. 

1919.  Teachers'  examination.    Special  meetings.    Record. 


94  SCHOOL  LAW 

The  board  of  examiners  shall  meet  and  hold  examinations  for 
the  granting  of  teachers'  certificates  on  such  occasions  only 
as  may  be  authorized  by  the  board  of  education. 

Special  meetings. 

Special  meetings,  not  for  the  purpose  of  conducting  exam- 
inations, may  be  called  by  the  chairman,  when,  in  his  judg- 
ment, the  same  are  necessary. 

Record. 

A  record  of  the  proceedings  of  the  board  of  examiners 
shall  be  kept  in  the  office  of  its  chairman  and  at  all  times  be 
open  for  the  inspection  of  the  board  of  education ;  and  such 
portions  of  it  as  may  concern  any  candidate  for  a  certificate, 
shall  be  open  for  the  inspection  of  such  candidate  or  his  au- 
thorized representative. 

# 

1920.  Power  of  board  of  examiners.  Issue,  renewal,  and 
revocation  of  certificates.  The  board  of  examiners  shall  have 
power : 

1.  To  adopt  rules  and  regulations,  not  inconsistent  with 
the  laws  of  the  State  or  the  rules  of  the  board  of  education,  for 
its  own  government  and  for  the  examination  of  teachers,  and 
to  fix  standards  of  proficiency  for  the  granting  and  renewing 
of  certificates,  either  heretofore  or  hereafter  issued,  subject  to 
the  approval  of  the  board  of  education. 

Questions. 

2.  To  prepare  questions  on  the  various  subjects  pre- 
scribed by  law,  and  examine  by  written  or  oral  examination 
all  candidates  for  any  of  the  following  certificates: 

On  high  school  certificate. 

First — A  city  high  school  certificate,  valid  for  one  year 
only,  unless  renewed,  and  authorizing  the  holder  to  teach  or 
serve  as  principal  in  any  primary,  grammar,  or  high  school  in 
such  city. 


SCHOOL   LAW  95 

On  grammar  certificate. 

Second— A  city  grammar  certificate,  valid  for  one  year 
only,  unless  renewed,  and  authorizing  the  holder  to  teach  in 
any  primary  or  grammar  school,  or  serve  as  principal  in  any 
primary  school,  in  such  city. 

On  primary  certificate. 

Third — A  city  primary  certificate,  valid  for  one  year  only, 
unless  renewed,  and  authorizing  the  holder  to  teach  in  any 
primary  school  in  the  city. 

Report  to  school  board. 

The  board  of  examiners  shall  report  the  result  of  all  exam- 
inations to  the  board  of  education,  who,  through  the  president 
and  clerk  thereof,  shall  issue  to  the  successful  candidates  the 
certificates  to  which  they  are  entitled. 

Renewal  of  certificate. 

3.  To  recommend  to  the  board  of  education  the  renewal 
of  the  various  renewable  certificates,  in  accordance  with  such 
regulations  as  they  may  adopt,  or  as  may  be  prescribed  by  the 
board  of  education;  whereupon  said  board  of  education, 
through  its  president  and  clerk,  may  renew  such  certificates 
from  year  to  year. 

Revoking  certificate. 

4.  For  immoral  and  unprofessional   conduct,   profanity, 
intemperance,    or   evident   unfitness   for   teaching,    to   recom- 
mend to  the  board  of  education  the  revocation  of  any  certifi 
cate  previously  granted  by  said  board  of  education. 

Temporary  certificate. 

5.  In  case  of  necessity,  to  grant,  by  the  chairman  of  the 
board  of  examiners,  temporary  certificates  to  teachers  of  ex- 
perience  of   whose   ability   to   pass   the    regular   examination 


96  SCHOOL   LAW 

I  here  is  no  doubt  ;  provided,  that  such  temporary  certificate 
shall  be  valid  only  until  the  next  regular  examination,  and  un- 
der no  circumstances  shall  be  issued  more  than  once  to  the 
same  person. 

Certificates. 

1921.  Qualifications  of  applicant  for  certificate.  No  certif- 
icate of  permission  to  teach  shall  be  issued  to  any  person  not 
eighteen  years  of  age.  No  certificate  shall  be  granted  to  any 
person  whose  moral  character  or  habits  are  known  by  the 
board  of  examination,  or  by  the  board  of  education  to  be  bad, 
or  who  is  afflicted  with  a  serious  infectious  or  hereditary, 
disease. 

1922.  Certificates   granted   only   after   examination.     No 

certificate  shall  be  granted  by  the  board  of  education  or  upon 
its  authority,  except  to  successful  candidates  in  a  regular  or 
special  examination  conducted  by  the  board  of  examiners  in 
accordance  with  the  provisions  of  law. 

1923.  Examination   for  grammar  and  primary  certificates. 

City,  primary  and  city  grammar  certificates  shall  be  granted 
only  to  applicants  who  are  found,  upon  examination,  to  have  a 
practical  knowledge  of  pedagogics  and  school  management, 
and  to  be  proficient  in  and  qualified  to  teach  the  following 
branches,  namely:  reading,  writing,  spelling,  English  gram- 
mar, geography,  arithmetic,  physiology  and  hygiene,  United 
States  history,  and  such  other  English  branches  as  the  board 
of  education  may  prescribe ;  provided,  that  the  examination  of 
applicants  for  such  certificates  shall  be  specially  adapted  to 
discover  their  fitness  to  teach  all  the  branches  named  to  pupils 
of  primary  or  grammar  grades  respectively. 

1924.  High  school  certificate.  Id.  City  high  school  certifi- 
cates shall  be  granted  only  to  applicants  who  pass  satisfac- 
torily the  examination  required  for  grammar  certificates,  and, 
in  addition  thereto,  sustain  a  satisfactory  examination  in  civil 
government,  physical  geography,  elementary  physics,  elemen- 


SCHOOL    LAW  97 

tary  algebra,  botany,  and  such  other  branches  as  the  board  of 
education  may  prescribe. 

1925.  Teachers  exempt  from  examination.  Holders  of 
normal  diplomas  and  certificates  issued  after  March  first,  eigh- 
teen hundred  and  ninety-two.  by  the  University  of  Utah,  and 
holders  of  state  diplomas  or  state  certificates,  shall  be  exempt 
from  all  further  examinations  during  the  term  of  validity  of 
such  certificates  as  provided  by  law.  Teachers  engaged  in  the 
exclusive  teaching  of  music,  foreign  languages,  drawing,  pen- 
manship, kindergarten,  and  physical  culture,  shall  be  exempt 
from  all  examinations  except  such  as  pertain  to  the  special 
departments  over  which  they  may  preside. 

1926.  Special  certificates.  Special  certificates  shall  be 
granted  only  to  applicants  who  pass  satisfactorily  an  examina- 
tion in  a  special  or  departmental  subject  (such  as  music,  for- 
eign language,  drawing,  penmanship,  kindergarten,  physical 
culture,  etc.),  and  such  other  subjects  as  are  calculated  to  dis- 
cover applicants'  fitness  to  teach  in  public  schools. 

Text  books. 

1927.  Board  to  select  text  books.  In  each  city  of  the  first 
and  of  the  second  class  the  board  of  education  shall  decide' 
what  text  books  shall  be  adopted  in  all  public  schools  of  the 
city,  and  their  use  shall  be  mandatory  therein,  for  the  period 
of  five  years  thereafter. 

1928.  Notice  to  publishers.  The  board  of  education  shall 
give  notice  at  least  sixty  days  prior  to  the  expiration  of  any 
contract  regulating  the  supply  and  use  of  text  books  in  such 
city,  by  publication  in  a  newspaper  having  a  general  circula- 
tion in  this  State,  of  its  intention  to  adopt  text  books  for  the 
pnblie  schools  of  the  city,  calling  for  bids  and  terms  Erom  pub- 
lishers of  text  books  for  schools,  stating  approximately  tin- 
number  and  kind  of  books  required;  that  separate  and  sealed 
proposals  will  be  reeeived  by  the  board  of  education  Cor  fur- 
nishing each  kind  of  book  ;  the  place  where,  and  the  day  and 
hour  when,  all  proposals  will  he  opened,  and  that   the  board 


98  SCHOOL   LAW 

reserves  the  right  to  reject  any  and  all  proposals  or  any  part 
thereof. 

1929.  Opening-  bids.  At  the  time  and  place  specified  in 
said  notice,  the  board  shall  meet  and  publicly  open  and  read 
all  the  proposals  which  shall  have  been  received,  and  shall 
make  their  decision  within  thirty  days  thereafter. 

1930.  Samples  and  prices  on  books.  Sealed  proposals 
must  be  accompanied  with  sample  copies  of  the  books  pro- 
posed to  be  furnished,  together  with  a  statement  of  the  intro- 
ductory or  exchange  price  and  of  a  wholesale  and  a  retail 
price,  at  which  the  publisher  agrees  to  furnish  each  book 
within  the  city  during  the  full  time  that  may  be  required  by 
the  board  of  education. 

1931.  Unsatisfactory  proposals.  If  no  satisfactory  pro- 
posals are  received,  the  board,  in  its  discretion,  may  advertise 
anew,  and  the  books  in  use  shall  be  continued  in  use  until 
satisfactory  proposals  shall  have  been  received  and  accepted. 

1932.  Contract  with  successful  bidder.  Bond.  The  pub- 
lisher or  publishers  whose  proposals  shall  be  accepted  must 
enter  into  a  written  contract  with  the  board  of  education,  and 
shall  give  a  bond  with  two  sufficient  sureties  in  a  reasonable 
sum,  to  be  fixed  by  the  board,  for  the  faithful  performance  of 
such  contract. 

City  school  tax. 

1933.  School  property  exempt  from  taxation  and  execu- 
tion. All  property,  real  and  personal,  held  by  the  board  of 
education  shall  be  exempt  from. general  and  special  taxation, 
and  from  all  local  assessments  for  any  purpose,  and  shall  not 
be  taken  in  any  manner  for  debt. 

1934.  City  one  taxation  district.  For  purposes  of  taxa- 
tion  the  whole  city  shall  constitute  one  school  district. 

1935.  Distribution  of  State  funds  to  cities.  All  cities  or- 
ganized under  the  provisions  of  this  chapter  shall  receive  their 


SCHOOL   LAW  <J9 

pro  rata  share  of  any  state  taxes  levied  for  the  support  of  dis- 
trict schools  or  any  funds  that  may  be  realized  from  any  source 
which  under  the  operation  of  law  are  required  to  be  divided 
pro  rata  for  the  benefit  of  children  of  school  age  residing  in 
the  State. 

1936.  Tax.  Estimate,  levy,  rate  and  collection.  Limit. 
The  board  of  education  shall,  on  or  before  the  1st  day  of  May 
of  each  year,  prepare  a  statement  and  estimate  of  the  amount 
necessary  for  the  support  and  maintenance  of  the  schools  un- 
der its  charge  for  the  school  year  commencing  on  the  1st  day 
of  July  next  thereafter;  also  the  amount  necessary  to  pay 
the  interest  accruing  during  such  year,  and  not  included  in 
any  prior  estimate,  on  bonds  issued  by  said  board;  also  the 
amount  of  sinking  fund  necessary  to  be  collected  during  such 
year  for  the  payment  and  redemption  of  said  bonds;  and  shall 
forthwith  cause  the  same  to  be  certified  by  the  president  and 
clerk  of  said  board  to  the  officers  charged  with  the  assess- 
ment and  collection  of  taxes  for  general  county  purposes  in 
the  county  in  which  the  city  is  situated,  and  such  officers, 
after  having  extended  the  valuation  of  property  on  the  as- 
sessment rolls,  shall  levy  such  per  cent  as  shall,  as  nearly  as 
may  be,  raise  the  amount  required  by  the  board,  which  levy 
shall  be  uniform  on  all  property  within  the  said  city  as  re- 
turned on  the  assessment  roll;  and  the  said  county  officers  arc 
hereby  authorized  and  required  to  place  the  same  on  the 
tax  roll.  Said  taxes  shall  be  collected  by  the  county  treasurer 
as  other  taxes  are  collected,  but  without  additional  compensa- 
tion for  assessing  and  collecting,  and  he  shall  pay  to  the  treas- 
urer of  said  board,  promptly  as  collected,  who  shall  hold  the 
same  subject  to  the  order  of  the  board  of  education  ;  provided, 
that  the  tax  for  the  support  and  maintenance  of  such  school 
in  cities  of  the  first  class  and  in  cities  of  the  second  class  having 
an  assessed  valuation  of  over  ten  million  dollars  shall  not  ex- 
ceed in  any  one  year  six  and  one-half  mills  on  the  dollar  upon 
all  taxable  property  of  said  city,  of  which  al    least   three  mills 

shall  not  be  used  otherwise  than  for  the  pay nt  of  teachers 

and  shall  not  exceed  one  and  one  hall'  mills  additional  on  the 
dollar  in  one  year,  to  be  used  exclusively  for  the  purchase  of 


100  .    SCHOOL  LAW 

school  sites  and  the  erection  of  school  buildings;  and  in  cities 
of  the  second  class  having  an  assessed  valuation  of  less  than 
ten  million  dollars,  the  tax  for  the  support  and  maintenance 
of  such  schools  shall  not  exceed  in  any  one  year  eight  and 
one-half  mills  on  the  dollar  upon  all  taxable  property  of  said 
city,  of  which  at  least  three  mills  shall  not  be  used  otherwise 
than  for  the  payment  of  teachers,  and  shall  not  exceed  one 
and  one-half  mills  additional  on  the  dollar  in  one  year  to  be 
used  exclusively  for  the  purchase  of  school  sites  and  the  erec- 
tion of  school  buildings. 

1937.  Delinquent  taxes  to  be  paid  to  board.  The  respec- 
tive  boards  of  county  commissioners  shall  pay  over  to  the 
boards  of  education  as  fast  as  collected  or  realized  their  pro- 
portionate amount  of  delinquent  taxes,  interest,  and  costs  on 
all  tax  sales  heretofore  or  hereafter  made. 

1938.  Special  election  for  tax  for  sites,  etc.  The  board 
of  education  may,  at  the  annual  school  election  or  at  a  special 
election,  in  its  discretion,  submit  to  the  voters  of  the  district 
the  question  of  levying  a  special  tax,  for  one  or  more  years,  to 
buy  sites,  build  and  furnish  schoolhouses,  or  improve  the 
school  property  under  its  control.  If  the  voters  declare  in 
favor  of  such  tax,  it  shall  be  levied  and  collected  as  other 
school  taxes,  and  the  board  of  education  may  apply  any 
money  available,  raised  from  taxation,  to  the  building  on  or 
the  improving  of  the  school  property  under  its  charge. 

1939.  Id.     Notice  of  election.     Issuance  of  bonds.     The 

hoard  of  education  shall  give  such  reasonable  notice  of  such 
submission  as  it  may  deem  proper;  and  if  submitted  at  a 
special  election,  may  follow  the  procedure,  so  far  as  applicable, 
for  the  issuance  of  bonds. 

City  school  bonds. 

1940.  Bond  election.  Petition.  The  board  of  education 
may,  when  in  its  judgment  it  is  advisable,  or  shall,  when  peti- 
tioned by  a  majority  of  the  resident  taxpayers  of  the  school 
district,  as  appears  by  the  county  assessment  roll  of  the  last 


SCHOOL   LAW  101 

preceding  year,  call  an  election  in  each  municipal  ward  of  the 
city  and  submit  to  the  taxpayers  of  the  district,  whether  bonds 
of  such  district  shall  be  issued  and  sold  for  the  purpose  of 
raising  money  for  purchasing  school  sites,  for  building  or 
purchasing  one  or  more  school  houses  and  supplying  the  same 
with  furniture  and  necessary  apparatus,  for  improving  the 
grounds,  and  for  the  refunding  and  redemption  of  all  or  any 
portion  of  any  bonds  outstanding  in  any  such  district. 

1941.  Notice  and  conduct  of  bond  election.  The  election 
provided  for  in  the  preceding  section  shall  be  called  by  pub- 
lishing, for  not  less  than  ten  days,  a  notice  signed  by  the  presi- 
dent and  clerk  of  the  board  of  education,  in  a  newspaper  pub- 
lished in  the  city,  and  by  posting  said  notice  at  the  polling 
places  in  each  municipal  ward  of  the  city  for  the  same  length 
of  time  next  preceding  said  meeting.  The  board  of  education, 
before  any  notice  is  published  or  posted,  shall  appoint  three 
electors  in  each  municipal  ward  to  conduct  the  elections  herein 
provided  for,  who  shall  take  and  subscribe  an  oath  of  office, 
and  who  shall  make  returns  thereof  to  the  board  as  herein  pro- 
vided.    Such  notice  shall  contain : 

1.  The  time  and  place  of  holding  the  same. 

2.  The  names  of  the  judges  at  each  polling  place  to  con- 
duct the  same. 

3.  The  time  during  which  the  polls  will  remain  open. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  years,  not  exceeding  twenty, 
the  whole  or  any  part  of  said  bonds  are  to  run. 

1942.  Ballot.  Informalities  in  election.  The  ballot  used 
at  such  election  shall  be  furnished  by  the  board  of  education 
and  shall  express  upon  its  face  the  questions  the  board  desires 
to  submit  to  the  taxpayers. 

•  Informality  not  to  affect  validity. 

No  informalities  in  conducting  such  flection  shall  invali- 
date the  same,  if  it  shall  have  been  otherwise  Legally  con- 
ducted. 


102  SCHOOL   LAW 

1943.  Qualifications  of  voters.  Challenges.  Every  regis- 
tered voter  residing  in  any  ward  in  which  any  election  is  held 
for  the  purpose  of  determining  the  question  of  issuing  bonds 
for  such  school  district,  and  who  shall  have  paid  a  property 
tax  therein  in  (he  year  preceding  such  election,  shall  be  entitled 
to  vote  at  any  such  election. 

Challenges. 

Challenges  for  cause  by  any  qualified  voter  shall  be 
allowed  at  such  election,  and  promptly  decided  by  the  judges 
conducting  the  same. 

1944.  Canvass  of  returns.  Issue  of  bonds.  Tax  for  in- 
terest and  redemption.  Bond  limit.  Immediately  after  the 
closing  of  the  polls,  the  persons  appointed  to  conduct  the  same 
shall  proceed  to  count  and  canvass  the  ballots  cast  at  such 
election,  and  make  returns  thereof  to  the  board  of  education ; 
and  said  boards  shall,  within  five  days  after  said  election,  meet 
and  canvass  said  returns,  and  if  a  majority  of  the  ballots  cast 
at  said  election  are  in  favor  of  issuing  such  bonds,  then  the 
board  shall  cause  an  entry  of  that  fact  to  be  made  upon  its 
minutes,  and  shall,  before  issuing  such  bonds,  file  with  the 
clerk  of  the  county,  in  which  such  school  district  is  situated, 
a  certified  copy  of  the  order  of  the  board  of  education,  and 
certified  copies  of  the  notices  published  or  posted,  calling  such 
election,  with  an  affidavit  showing  when  and  where  said 
notices  were  published  or  posted,  and  that  they  were  published 
or  posted  as  required  by  law,  anfl  the  order  of  the  board  of 
education.  The  board  shall  also  file  with  said  clerk  a  state- 
ment showing  the  number  of  inhabitants  and  the  value  of  tax- 
able property  in  the  district ;  that  the  amount  of  bonds  pro- 
posed to  be  issued,  including  existing  indebtedness,  does  not 
exceed  three  per  cent  of  the  value  of  taxable  property  in  the 
district ;  that  the  election  at  which  the  question  of  issuing 
bonds  was  submitted  was  lawfully  called  and  held;  that  all 
proceedings  in  relation  to  the  proposed  issue  of  bonds  in  said 
district  were  lawfully  conducted,  and  that  such  bonds  may  be 
lawfully  issued  ;  and  thereupon  said  board  of  education  shall  be 


SCHOOL   LAW  103 

and  it  is  hereby  authorized  and  directed  to  issue  the  bonds  of 
such  district  in  any  amount  not  exceeding  the  number  and 
amount  voted  for  at  such  election. 

Payment  of  bonds. 

The  money  for  the  redemption  of  said  bonds,  and  the  pay- 
ment of  interest  thereon  as  it  shall  become  due,  shall  be 
raised  by  taxation  upon  the  taxable  property  of  said  district; 
provided,  that  the  total  amount  of  bonds  issued,  including 
existing  indebtedness,  shall  not  exceed  three  per  cent  of  the 
taxable  property  of  the  district  as  shown  by  the  last  equalized 
assessment  roll  for  city  purposes,  prior  to  issuing  such  bonds. 
No  election  shall  be  void  because  the  amount  of  bonds  au- 
thorized at  such  election  exceeded  the  statutory  limitation  at 
the  time  of  holding  the  election,  but  the  bonds  may  be  issued  in 
accordance  with  such  authorization,  in  any  amount  within  the 
limitations  fixed  by  law,  at  the  time  the  bonds  are  issued. 

1945.  Denominations  of  bonds.  Interest.  Payment  and 
redemption.  The  denomination  of  the  bonds  which  may  be 
issued  under  the  provisions  of  this  chapter  shall  be  fifty  dollars 
or  some  multiple  of  fifty,  not  exceeding  one  thousand  dollars, 
and  shall  bear  interest  of  not  exceeding  the  rate  of  five  per 
cent  per  annum,  payable  semi-annually,  or  annually,  in  accord- 
ance with  interest  coupons  which  shall  be  attached  to  said 
bonds,  and  shall  be  made  payable  not  more  than  twenty  years 
from  their  date. 

Payment  and  redemption. 

The  board  of  education  may  reserve  the  right  to  redeem 
such  bonds,  or  any  of  them,  at  any  time  after  five  vein's  from 
their  issue. 

Previously  unsold  bonds. 

Any  bonds  heretofore  authorized  by  vote  of  any  Bchool 
district,  remaining  unsold,  may,  in  the  discretion  of  the  board, 
be  hereafter  issued,  to  bear  any  rate  of  Lnteresl  qo1  exceeding 
five  per  cent  per  annum,  payable  annually,  or  aemi-annually. 


KM  SCHOOL   LAW 

1946.  Printing  of  bonds.  Authorization.  Signing. 
Whenever  any  bonds  are  issued  under  the  provisions  of  this 
chapter,  they  shall  be  engraved,  lithographed,  or  printed  on 
bond  paper,  and  shall  state  upon  their  face  the  date  of  their 
issue,  the  amount  of  bond,  for  what  purpose  issued,  also  the 
time  and  place  of  payment  and  the  rate  of  interest  to  be  paid. 

Authorization. 

They  shall  have  printed    upon    the  margin    the    words, 
"Authorized  by  act  of  the  Legislature  of  the  State  of  Utah,  A. 
D.  1897,"  and  upon  the  back  of  each  bond  shall  be  printed  a 
certificate,   signed  by  the   county   clerk,  in  substantially  the 
following  form: 


*fc> 


Certificate  of  county  clerk. 

I  certify  that  the  within  bond  is  issued  in  accordance 
with  law,  and  is  within  the  debt  limit  permitted  by  the  Con- 
stitution and  laws  of  the  State  of  Utah,  and  in  accordance 

with  a  vote  of  the  taxpayers  of school  district  of 

county.  State  of  Utah,  at  an  election  held  on  the : 

day  of. ,  19 ,  authorizing  bonds  to  the  amount  of 

._ dollars. 

Signature  and  Entry. 

They  shall  be  signed  by  the  president  and  clerk  of  the 
hoard  of  education,  and  countersigned  by  the  treasurer  thereof, 
and  there  shall  be  entered  in  a  book  to  be  kept  by  the  clerk  for 
that  purpose,  the  number,  date,  and  denomination  of  the  bonds 
sold,  and  the  date  when  the  same  shall  become  due. 

1947.  Sale  of  bonds.  Use  of  proceeds.  Whenever  any 
bonds  are  issued  under  the  provisions  of  this  chapter  the  board 
of  education  shall  have  authority  to  negotiate  and  sell  such 
bonds  to  the  highest  bidder.  No  contingent  bid  shall  be  re- 
ceived, and  every  bid  shall  be  accompanied  by  a  certified  check 
of  five  per  cent  as  a  forfeit,  payable  to. the  order  of  the  board  of 
education.     The  board  may  reject  any  or  all  bids.     The  pro- 


SCHOOL  LAW  105 

ceeds  shall  be  used  exclusively  for  the  purpose  for  which  they 
are  issued. 

1948.  Redemption  and  cancellation  of  bonds.  Refunding. 

Whenever  any  of  the  bonds  of  a  school  district  shall  have  been 
redeemed  or  purchased  by  the  board  of  education,  they  shall 
be  canceled  by  writing  or  printing  in  red  ink  across  each  bond 
and  coupon  the  words,  "Paid  and  canceled;"  and  the  date  of 
payment  and  amount  paid  shall  be  entered  in  the  clerk's 
register  against  the  number  of  the  bond,  and  the  bond  and 
coupons  so  canceled  shall  be  filed  in  the  office  of  the  clerk  of 
the  board  and  preserved  in  a  book  to  be  kept  for  that  pur- 
p  se. 

Refunding  bonds. 

Any  bond  or  bonds  heretofore  or  hereafter  issued  by  any 
board  of  education  or  school  district  may  be  refunded  at  any 
time  by  such  board  or  school  district  when  a  lower  rate  of  in- 
terest or  better  terms  can  be  obtained,  and  the  provisions  here- 
of as  to  elections  shall  not  apply. 

1949.  Annual  levy  for  interest  and  sinking  fund.  The 
board  of  education,  in  its  annual  estimate  and  levy  provided 
for  in  this  Chapter,  shall  include  an  amount  sufficient  to  pay 
the  interest  as  the  same  accrues  on  all  outstanding  bonds  is- 
sued by  the  board,  and  also  to  create  a  sinking  fund  of  two  per 
cent  of  the  par  value  of  outstanding  bonds  for  the  redemption 
of  said  bonds,  and  shall  cause  a  tax  to  be  levied  and  collected 
as  provided  for  in  this  Chapter,  and  such  money  shall  remain 
a  specific  fund,  and  shall  not  be  appropriated  or  used  for  any 
other  purpose  than  is  hereinafter  provided. 

19-50.  Sinking  fund,  investment  of.  The  moneys  Levied 
and  collected  for  creating  a  sinking  fund  for  the  redemption 

of  the  bonds  issued  by  the  board  of  education  shall  be  used  as 
follows:  After  retaining  an  amount  sufficient  to  pay  the  prin- 
cipal of  the  bonds  maturing  during  the  year,  the  hoard  shall. 
with  the  surplus  of  the  sinking  fund,  invest  the  same  in  bonds 
of  the  State  of  Utah,  or  of  any  sel 1  district,  town.  city,  or 


L06  SCHOOL   LAW 

county  thereof,  or  of  the  United  States,  on  the  best  terms  to  be 
obtained,  until  such  time  as  it  may  needed  to  purchase  any 
outstanding  bonds  that  may  be  offered,  or  until  the  maturity 
of  any  such  bonds. 

1951.  Bonds  a  lien  on  taxable  property.  Bonds  issued  un- 
der the  provisions  of  this  title  shall  be  a  lien  upon  taxable 
property  of  the  school  district  issuing  them,  and  when  the 
board  of  education  neglects  or  refuses  to  levy  a  tax  in  accord- 
ance with  law  to  meet  the  outstanding  bonds  or  the  interest 
thereon,  the  board  of  county  commissioners  of  the  county 
within  which  such  district  is  situated,  shall  levy  such  tax  and 
apply  the  money  thus  collected  to  the  payment  of  such  bonds 
and  the  interest  due  thereon. 

1952.  Advertisement  for  bids  for  construction  of  build- 
ings. Award.  Contract.  When  board  may  erect.  AVhenever 
any  schoolhouse  is  to  be  built,  the  board  of  education  shall  ad- 
vertise for  at  least  ten  days  in  some  newspaper  published  in 
the  city  for  sealed  proposals  for  building  such  schoolhouse  in 
accordance  with  the  plans  and  specifications,  which  shall  be 
furnished  by  the  board  of  education  at  its  office  or  at  the 
office  of  the  architect,  stating  in  such  advertisement  or  notice 
the  place  where,  and  the  day  and  hour  when,  all  proposals  will 
be  opened,  and  reserving  the  right  to  reject  any  and  all  pro- 
posals, and  shall  require  a  certified  check  of  not  less  than  five 
per  cent  of  the  amount  of  the  bid  to  accompany  the  same, 
which  check  shall  be  made  payable  to  the  order  of  the  board 
of  education,  and  the  check  of  the  successful  bidder  shall  be 
forfeited  injcase  he  fails  or  refuses  to  enter  into  the  contract 
and  furnish  the  bond  required. 

Opening  bids. 

At  the  time  and  place  specified  in  said  notice,  the  board 
shall  meet  and  publicly  open  and  read  all  the  proposals  which 
have  been  received,  and  if  satisfactory  bids  have  been  received 
shall  award  the  contract  to  the  lowest  responsible  bidder,  and 
shall  require  of  such  bidder  or  contractor  a  bond  in  one-half 
the  amount  of  the  contract,  conditioned  that  he  will  properly 


SCHOOL   LAW  107 

perform  its  conditions  in  a  faithful  manner  and  in  accordance 
with  its  provisions. 

Advertising  Anew. 

In  case  none  of  the  proposals  are  satisfactory,  all  shall  be 
rejected,  and  said  board  shall  advertise  anew  in  the  same  man- 
ner as  before,  and  may  require  in  the  contract  to  be  executed 
that  at  least  twenty  per  cent  of  the  contract  price  may  be  with- 
held until  the  building  is  completed  and  accepted  by  the  board. 

Board  may  erect  buildings. 

But  if  after  twice  advertising,  as  provided  herein,  no  satis- 
factory bid  is  received,  the  board  may  proceed  under  its  own 
direction  to  erect  the  building  required,  or  in  case  of  a  build- 
ing not  exceeding  five  thousand  dollars  in  cost,  if  no  satisfac- 
tory  bid  is  received  at  the  first  notice,  the  board  may  proceed 
with  the  construction  as  it  may  determine. 

Parental  Schools. 

1953.  Board  of  education  may  establish  parental  schools. 
The  board  of  education  of  any  city  of  the  first  or  of  the  second 
class,  or  the  boards  of  education  of  any  two  or  more  such  cities. 
under  a  contract  to  be  approved  by  each  of  such  boards,  may 
provide  for  the  establishment  and  maintenance  of  parental 
schools,  and  for  the  support  a  hid  education  of  the  inmates 
thereof,  conformably  with  the  provisions  of  this  Chapter. 

1954.  Habitual  truants  to  be  committed.  Any  child  be- 
tween the  ages  of  eight  and  fourteen  years,  residing  within  the 
city  or  cities  maintaining  such  a  school,  adjudged  guilty  of  be- 
ing a  habitual  truant,  or  of  wandering  about  in  the  streets  and 
public  places  of  said  city  or  cities,  without  lawful  employment 
or  business,  shall  be  committed  to  the  parental  school  provided 
for  the  purpose,  for  a  term  not  extending  beyond  the  age  of 
fourteen  years. 

1955.  Id.  Release.  By-laws.  Any  child  committed  as 
provided  in  the  next  preceding  section   may  be  released   from 


108  SCHOOL  LAW 

confinement  at  such  school  either  conditionally  or  absolutely. 
before  the  expiration  of  the  term  of  commitment,  in  accordance 
with  the  by-laws  established  by  the  board  or  boards  of  educa- 
tion maintaining  the  same. 

1956.  Committing  children  without  parental  control. 
Children  under  sixteen  years  of  age,  who,  by  reason  of  neglect, 
crime,  drunkenness,  or  other  vices  of  parents,  or  by  reason  of 
orphanage,  are  suffered  to  grow  up  without  salutary  parental 
control  and  education,  or  in  circumstances  encouraging  them 
to  lead  idle  and  dissolute  lives,  may  be  committed  to  the  proper 
parental  school  for  a  term  not  extending  beyond  the  age  of 
sixteen  years. 

1957.  Id.  Discharge.  When  the  parents  of  a  child  com- 
mitted under  the  next  preceding  section  have  reformed  and  are 
leading  orderly  and  industrious  lives,  and  are  in  a  condition  to 
exercise  salutary  control  over  such  child,  and  to  provide  him 
with  proper  education  and  employment;  or  when,  said  parents 
being  dead,  any  person  offers  to  make  such  suitable  provision 
for  the  care,  nurture,  and  education  of  such  child  as  will  con- 
duce to  the  public  welfare,  the  board  of  education  may  dis- 
charge him  to  the  parents  or  other  such  person. 

1958.  District  courts  have  jurisdiction.  The  district 
courts  of  the  several  counties  shall  have  jurisdiction  within 
their  respective  counties  to  enforce  the  provisions  of  this  Chap- 
ter, upon  such  notice  to  the  parents  or  guardians  of  the  chil- 
dren whom  it  is  proposed  to  commite  to  parental  schools,  as  the 
court  may  deem  just  and  proper. 

1959.  Expense  of  parental  schools,  how  paid.  Any  board 
or  boards  of  education  maintaining  a  parental  school  in  ac- 
cordance with  Section  nineteen  hundred  and  fifty-three  shall 
estimate  and  determine,  as  near  as  may  be,  the  average  actual 
expense  per  month  of  keeping  and  taking  care  of  the  boys  and 
girls  who  may  be  committed  to  the  parental  school,  and  the 
average  cost  of  keeping  such  boys  and  girls  shall  be  wholly 
paid  by  the  parent  or  guardian  of  each  boy  or  girl  committed 
to  the  school,  unless  for  good  cause  said  board  or  boards  of 


SCHOOL    LAW  109 

education  shall  otherwise  order  and  direct,  The  board  of  edu- 
cation of  the  city  in  which  the  parent  or  guardian  of  any  such 
committed  boy  or  girl  resides  may  bring  suit  to  enforce  this 
provision. 

1960.  Admission  of  pupils  from  outside  of  city.  On  the 
tender  of  a  payment  which  will  meet  all  costs  of  support  at  the 
parental  school,  the  board  or  boards  of  education  maintaining 
such  school  may  receive  into  it  on  equal  terms  boys  or  girls 
whose  residence  is  in  the  State  outside  the  city  or  cities  to 
which  the  school  belongs. 

1961.  Truant  officer.  Compensation.  The  board  of  edu- 
cation of  each  such  city  may  appoint  and  fix  the  compensation 
of  a  truant  officer,  whose  duty  it  shall  be  to  make  complaints 
and  arrests  in  cases  contemplated  by  this  Chapter,  and  to  serve 
legal  process  issued  by  courts  in  pursuance  hereof.  The 
police  authorities  of  the  city  shall  make  such  truant  officer  a 
special  policeman. 


CHAPTER  18. 

GENERAL   PROVISIONS. 

Compulsory  attendance. 

1962.  What  children  must  attend  and  for  how  long. 
Exceptions.  Every  parent,  guardian,  or  other  person  hav- 
ing control  of  any  child  between  right  and  sixteen  years  of  age, 
shall  be  required  to  send  such  child  to  a  public,  district,  or 
private  school  in  the  district  in  which  he  resides.  ;it  leasl 
twenty  weeks  in  each  school  year,  ten  weeks  of  which  shall  he 
consecutive;  provided,  that  in  cities  <>!'  the  first  and  of  the  sec- 
ond class  and  children  shall   he  required  to  attend  school  at 

least  thirty  weeks  in  each  scl 1  year,  ten  of  which  shall  he  con 

secutive;  provided,  that  in  each  year  such  parent,  guardian,  or 
other  person  having  control  of  any  child  shall  he  excused  Erom 


110  SCHOOL   LAW 

such  duty  by  the  school  board  of  the  district  or  the  board  of 
education  of  the  city,  as  the  case  may  be,  whenever  it  be  shown 
to  their  satisfaction  thai  one  of  the  following  reasons  exists: 

1.  That  such  child  is  taught  at  home  in  the  branches  pre- 
scribed  by  law  for  the  same  length  of  time  as  children  are  re- 
quired by  law  to  be  taught  in  the  district  school. 

2.  That  such  child  has  already  acquired  the  branches  of 
learning  taught  in  the  district  schools. 

3.  That  such  child  is  in  such  physical  or  mental  condi- 
tion (which  may  be  certified  by  a  competent  physician  if  re- 
quired by  the  board)  as  to  render  such  attendance  inexpedient 
or  impracticable.  If  no  such  school  is  taught  the  requisite 
length  of  time  within  two  and  one-half  miles  of  the  residence 
of  the  child  by  the  nearest  road,  such  attendance  shall  not  be 
enforced. 

4.  That  such  child  is  attending  some  public,  district,  or 
private  school. 

5.  That  the  services  of  such  child  are  necessary  to  the 
support  of  a  mother  or  an  invalid  father. 

The  evidence  of  the  existence  of  any  of  these  reasons  for 
non-attendance  must  be  in  each  case  sufficient  to  satisfy  the 
superintendent  of  the  county  or  city  in  which  the  child  re- 
sides; and  the  superintendent,  upon  the  presentation  of  such 
evidence,  shall  issue  a  certificate  stating  that  the  holder  is  ex- 
empted from  attendance  during  the  time  therein  specified. 

1963.  Penalty.  Any  such  parent,  guardian,  or  other 
person  having  control  of  any  child  between  eight  and  sixteen 
years  of  age,  who  wilfully  fails  to  comply  with  the  requirements 
of  the  next  preceding  section,  shall  be  guilty  of  a  misde- 
meanor. 

1964.  Id.  Inquiry  into  violations  of  school  law.  It  shall 
be  the  duty  of  the  president  of  the  board  of  education  of  any 
city,  and  the  chairman  of  the  school  trustees  of  any  district, 
within  their  respective  jurisdictions,  to  inquire  into  all  cases  of 
misdemeanor  defined  in  this  title,  and  to  report  the  same  and 
the  offenders  concerned,  when  known,  to  the  city  or  county 
attorney  of  the  city  or  county  within  which  the  offenses  shall 


SCHOOL   LAW  HI 

have  been  committed,  and  it  is  hereby  made  the  duty  of  either 
of  said  officers  to  proceed  immediately  to  prosecute  such  of- 
fenders. 

1965.  Incorrigible  children.  Sent  to  industrial  school. 
All  children  in  the  district  between  the  ages  of  eight  and  six- 
teen years,  who.  in  defiance  of  earnest  and  persistent  efforts  on 
the  part  of  their  parents  or  teachers,  are  habitual  truants  from 
school  or  while  in  attendance  at  school  are  vicious,  immoral, 
or  ungovernable  in  conduct,  shall  be  deemed  incorrigible,  and 
it  is  the  duty  of  the  president  of  the  board  of  education  or  the 
chairman  of  the  board  of  trustees  of  each  school  district  to  in- 
quire into  all  cases  within  his  district,  and  report  them  to 
the  county  attorney  acting  for  such  district,  whose  duty  it  shall 
be  to  presoeute  such  cases  as  incorrigibles  and  fit  candidates 
for, the  State   industrial  school. 

1965x.  American  flag  displayed.  When.  It  shall  be 
the  duty  of  the  board  of  education  or  school  trustees  of  all 
school  districts  within  the  cities  and  counties  of  this  State  to 
provide  each  school  house  or  the  grounds  thereof  with  a  suit- 
able flag-pole,  and  to  cause  the  American  flag  to  be  displayed 
thereon  during  the  daylight  hours  of  every  legal  holiday.  Feb- 
ruary 12th,  and  the  "Flag  Day"  of  cadi  year. 


CHAPTER  19. 

SETTLEMENT     BETWEEN     SCHOOL     DISTRICTS     ANT) 

CITIES. 

1965x1.     When   annexed   to   a   city   of   the   first,    second 
or  third  class.     AVhen  all    the    territory  of  a  school   district 

shall   become   annexed   to   a    city  of   the   first,   s »nd,  or  third 

class,  by  the  extension  of  the  boundaries  of  the  city,  .-ill  the 
school  property,  including  moneys  od  hand  and  due  to  the  said 
district,  together  with  all  records  and  papers  belonging  to  said 
district    shall   he  transferred   to,  and   the  title   vested   in,   the 


11:2  SCHOOL  LAW 

board  of  education  of  such  city,  and  said  board  of  education 
shall  assume  and  be  held  responsible  for  the  legitimate  floating 
and  bonded  indebtedness  of  said  annexed  district. 

1965x2.  Annexation  by  extension  of  city  limits.  When, 
by  the  extension  of  the  limits  of  any  city  of  the  first, 
second,  or  third  class,  a  part  of  the  territory  of  an  adjacent 
school  district  is  annexed  to  such  city,  it  shall  be  the  duty  of  a 
board,  consisting  of  the  State  Superintendent  of  Public  Instruc- 
tion, the  city  superintendent  of  schools,  the  county  superin- 
tendent of  schools,  or,  in  county  school  districts  of  the  first 
class,  the  district  superintendent  of  schools,  to  determine  the 
present  value  of  the  school  property  of  such  district,  also  all 
moneys  due  to,  or  in  the  hands  of,  the  district  treasurer,  and  to 
equitably  apportion  the  amount  due  the  district  board,  or  the 
board  of  education,  of  such  city,  as  the  case  may  be.  The 
amount  due  to  the  district  board,  or  board  of  education  of 
such  city,  when  ascertained  by  the  said  board,  shall,  if  there 
be  not  sufficient  funds  in  the  hands  of  the  treasurer  to  pay 
such  indebtedness,  be  levied  upon  the  taxable  property  of  that 
district  or  corporation  found  to  be  in  debt,  and  shall  be  col- 
lected in  the  same  manner  as  if  the  same  had  been  authorized 
by  the  vote  of  the  district  board,  or  by  the  board  of  education 
of  such  city,  and  when  collected  it  shall  be  paid  to  the  treas- 
urer of  that  district  or  board  of  education  of  such  city  to 
which  it  is  due.  The  board  of  education  or  the  district  re- 
taining the  school  house  shall  assume  the  bonded  indebtedness 
incurred  in  the  building  and  furnishing  of  such  schoolhouse. 

1965x3.  Unadjusted  claims.  All  unadjusted  claims  of 
cities  and  school  districts  arising  from  such  annexation  pre- 
vious to  March  14,  1907,  shall  be  adjudged  in  accordance  with 
the  provisions  of  this  Chapter. 


SCHOOL   LAW  113 

CHAPTER  20. 

KINDERGARTENS. 

1966.  Board  may  maintain  kindergartens.  Teachers. 
School  boards  may  establish  and  maintain  kindergartens  in 
their  several  districts,  open  to  children  resident  therein  be- 
tween the  ages  of  four  and  six  years.  The  cost  thereof  may  be 
paid  in  whole  or  in  part  out  of  the  school  funds  of  the  district. 
Kindergartens  established  under  the  provisions  of  this  section 
shall  be  subject  to  the  control  of  the  school  boards  of  the  re- 
spective districts  in  which  they  are  maintained. 

Teachers. 

Teachers  for  said  schools,  unless  holding  a  certificate  of 
efficiency  in  kindergarten  work  granted  by  the  state  normal 
school,  shall  be  required  to  sustain  a  special  examination  re- 
lating to  the  principles  and  practice  of  the  kindergarten,  such 
examination  to  be  conducted  under  the  direction  of  the  State 
Board  of  Education. 

1966x.  Kindergartens  provided  for.  All  school  dis- 
tricts of  a  population  of  two  thousand  and  upwards  shall 
hereafter  establish  and  maintain  one  or  more  kindergartens  in 
said  school  district,  open  to  children  resident  therein  between 
the  ages  of  four  and  six  years.  Said  kindergartens  must  be 
established  within  four  years  after   March  16,  1903. 

The   cost   of   maintaining   such    kindergartens   shall    com< 
out  of  the  district  school  fund  of  the  respective  districts. 


CHAPTER  91. 
RETIREMENT  OF  PUBLIC  SCHOOL  TEACHERS. 

sion  Laws  1913. 

Section  1.    Board  of  Education  to  authorize  organization 
of    Retirement    Commission.      When.     Temporary    organiza- 


114     -  SCHOOL   LAW 

tion.  Upon  the  written  request  of  a  majority  of  the 
teachers  employed  in  the  public  schools  of  any  city 
of  the  first  class  or  of  the  state  at  large,  outside  of  cities  of 
the  first  class,  the  board  of  education  of  any  such  city  or  the 
state  board  of  education  shall  authorize  the  organization  of  a 
public  school  teachers'  retirement  commission.  In  such  petition 
in  cities  of  the  first  class  there  shall  be  designated  three  per- 
sons, and  in  the  state  at  large,  eleven  persons  to  serve  as  mem- 
bers of  the  retirement  commission,  who,  in  each  case,  shall 
serve  until  the  first  election  after  the  retirement  commission 
is  organized,  and  until  their  successors  are  elected  and  quali- 
fied. 

Sec.  2.  In  cities  of  the  first  class.  Membership  of  commis- 
sion. Term.  In  cities  of  the  first  class  the  said  commission 
shall  be  composed  of  seven  members;  three  members  to  be 
elected  from  the  retirement  association  by  the  members  there- 
of, whose  terms  shall  be  for  three  years ;  the  superintendent  « 
of  city  schools,  the  clerk  of  the  board  of  education,  and  two 
members  to  be  elected  by  the  board  of  education  from  their 
number,  whose  terms  shall  be  two  years.  In  all  cases  the 
terms  of  office  shall  be  from  the  first  Monday  in  February  fol- 
lowing the  election. 

Sec.  3.  State  Commission.  Membership.  How  selected. 
Term.  Such  commission  in  the  state  at  large  shall  consist 
of  fifteen  members :  the  State  Auditor,  the  State  Treasurer,  the 
State  Superintendent  of  Public  Instruction  and  Attorney  Gen- 
eral shall  be  members  of  such  commission.  Eleven  members 
shall  be  elected  from  the  retirement  association  by  the  mem- 
bers thereof.  At  the  first  election  five  members  shall  be  elected 
for  a  term  of  two,  and  six  for  a  term  of  four  years,  and  there- 
after elections  shall  be  for  a  term  of  four  years.  Such  elec- 
tion shall  be  held  in  even  numbered  years  in  Salt  Lake  City. 
at  such  time  and  place  as  may  be  designated  by  the  State 
Superintendent  of  Public  Instruction.  A  written  notice  of 
such  election  shall  be  given  to  each  member  of  the  association 
at  least  ten  days  before  the  date  of  the  election. 


SCHOOL   LAW  115 

Sec.  4.  Election  of  Members  of  City  Commission.  How. 
In  cities  of  the  first  class  the  members  of  the  retirement  com- 
mission who  are  chosen  by  the  teachers  shall  be  elected  at  a 
meeting  called  by  the  superintendent  of  city  schools,  who  shall 
cause  each  teacher  who  is  a  member  of  the  association  to  be 
notified  in  writing  of  the  time  and  place  of  such  election,  such 
notice  to  be  given  at  least  ten  days  before  the  election. 

Sec.  5.  Officers  to  qualify.  Oaths.  Vacancies.  The  com- 
missioners and  officers  of  the  retirement  commission  shall  qual- 
ify by  taking  and  subscribing  to  the  oath  of  office,  which  in 
cities  of  the  first  class,  shall  be  filed  with  the  clerk  of  the  board 
of  education,  and  in  the  state  at  large,  with  the  Secretary  of 
State.  In  case  of  a  vacancy  in  the  elective  membership  of  said 
commission,  the  vacanev  shall  be  filled  until  the  next  election 
by  the  commission  choosing  a  member  from  the  body  that 
elected   the  outgoing  member. 

Sec.  6.  Organization.  Clerk.  Treasurer.  Bond.  The  re- 
tirement commission  shall  organize  by  electing  from  their 
number  a  president  and  a  vice-president.  In  cities  of  the 
first  class  the  clerk  of  the  board  of  education  shall  be  clerk 
of  such  commission  and  the  treasurer  of  the  board  of  educa- 
tion shall  be  treasurer  of  such  commission.  In  the  state  at 
large  the  State  Auditor  shall  be  clerk  of  the  commission  and 
the  State  Treasurer  shall  be  treasurer  of  the  commission.  The 
commissioners  and  officers  shall  serve  without  compensation. 
The  bond  given  by  the  treasurer  of  the  board  of  education 
and  the  State  Treasurer  shall  be  liable  for  the  safe-keeping 
of  the  funds  of  the  commission. 

Sec.  7.  Meetings.  Records.  Annual  report.  The  retiremenl 
commission  shall  meet  at  least  once  each  year  and  shall  keep  a 
record  of  all  its  proceedings  and  a  record  of  all  money  received 
and  paid  out,  all  of  which  records  shall  be  open  for  public  in- 
spection. It  shall  also  make  an  animal  financial  report  showing 
the  moneys  received  and  disbursed,  a  copy  of  which  report  shall 
be  printed  and  delivered  to  each  member  of  the  association. 


116  SCHOOL   LAW 

Sec.  8.  Funds — two  classes.  The  funds  of  the  retire- 
ment association  shall  be  of  two  classes:  (a)  Permanent,  and 
(b)  Current  Fund.  The  treasurer  shall  pay  out  money  only 
on  warrants  signed  by  the  president  and  clerk  of  the  Commis- 
sion, and  shall  have  charge,  under  the  direction  of  the  commis- 
sioners, of  the  investment  and  management  of  the  permanent 
fund,  and  such  of  the  current  fund  as  shall  not  be  required  to 
pay  benefits,  but  such  funds  shall  be  invested  only  in  State, 
county,  school  district  or  municipal  bonds. 

Sec.  9.  Membership ;  how  secured.  When  a  board  of  retire- 
ment commissioners  has  been  duly  organized  in  any  city  of  the 
first  class,  or  the  State  at  large,  the  city  superintendent  of 
schools  or  the  State  Superintendent  of  Public  Instruction,  who 
has  charge  of  said  city  or  state  schools,  shall  cause  each  teacher 
within  said  city  or  State  to  be  notified  of  the  fact,  and  each 
teacher  shall,  within  thirty  days  thereafter,  reply  in  writing, 
accepting  or  declining  membership  in  said  retirement  associa- 
tion. In  case  a  teacher  declines  to  become  a  member,  he  or 
she  may  become  a  member  thereafter  only  by  a  two-thirds 
vote  of  all  the  commission  and  payment  of  all  back  dues, 
being  one  per  cent  of  such  teacher's  salary,  not  to  exceed  a 
maximum  of  twelve  hundred  dollars  annually,  dating  from 
the  organization  of  said  retirement  association,  together  with 
five  per  cent  interest  annually  thereon.  All  new  teachers  ac- 
cepting employment  under  the  board  of  education  or  trustees 
in  any  district  subsecpient  to  the  organization  of  a  retirement 
iissoeiation  within  the  city  or  State  shall  contract  and  agree  to 
the  provisions  governing  membership  in  said  association.  Such 
agreement  shall  become  a  part  of  the  teacher's  acceptance. 

Sec.  10.  Source  of  income.  The  income  of  the  Public 
School  Teachers  Retirement  Association  shall  be  from  the  fol- 
lowing sources: 

(a)  All  teachers  who  are  in  the  employ  of  the  board  of 
education  or  of  a  school  district  at  the  time  of  the  organization 
of  said  retirement  association  and  who  have  become  members 
thereof,  and  all  new  teachers  entering  the  employment  of 
the  board  of  education  or  of  a  school  district,  shall  have  de- 


SCHOOL    LAW  117 

ducted  from  each  and  every  pay  roll,  in  payment  for  services, 
one  per  cent  of  the  face  of  said  pay  roll,  and  the  amount  of  said 
deduction  shall  be  certified  and  paid  by  the  clerk  of  the  board 
of  education  or  of  the  school  district  or  the  disbursing  officer 
of  an  educational  institution,  monthly  to  the  treasurer  of  the 
association,  if  teachers  are  paid  monthly,  otherwise  at  the 
period  of  payments,  provided  that  an  annual  salary  of  $1200 
shall  be  the  maximum  salary  on  which  dues  shall  be  paid  and 
if  any  teacher  shall  receive  a  salary  in  excess  of  such  sum  then 
the  deduction  shall  be  made  on  $1200  only. 

(b)  All  amounts  deducted  from  teachers'  salaries  on  ac- 
count of  absence  through  sickness,  not  to  exceed  five  days  in 
any  one  year  for  a  teacher;  all  deductions  belonging  to  this 
fund  shall  be  certified  to  monthly,  by  the  board  of  education 
or  board  of  trustees  and  paid  to  the  treasurer  of  the  associa- 
tion, if  teachers  are  paid  monthly,  otherwise  at  the  period  of 
payments. 

(c)  All  moneys  received  from  donations,  legacies,  be- 
quests or  otherwise  or  on  account  of  said  fund. 

Sec.  11.  Current  fund.  Permanent  fund.  The  first  two 
sources  of  income,  viz.,  (a)  and  (b),  shall  constitute  the  cur- 
rent fund,  and  the  third  source,  viz.,  (c)  shall  constitute  the 
permanent  fund,  unless  specifically  stipulated  for  the  current 
fund  in  the  donation,  legacy,  gift,  or  bequest.  No  portion  of 
the  permanent  fund  shall  be  available  for  current  expenditure, 
but  the  interest  thereon  shall  become  a  part  of  the  current 
fund. 

Sec.  12.  Two  classes  of  beneficiaries.  There  shall  be  two 
classes  of  beneficiaries  under  tin-  retirement  fund.  viz..  Class 
''A"  and  Class  "B." 

Cbiss  A.  On  the  recommendation  of  the  retirement  com- 
mission, the  board  of  education  of  the  city  or  State  Bhall  have 
power  by  a  two-thirds'  vote  to  retire  any  member  of  the 
association  who  is  mentally  or  physically  incapacitated  for 
the  performance  of  duty;  provided,  said  teacher  has  taughl 
in  the  city  or  State  at  least   ten  years  and  his  or  her  term  <>f 


118  SCHOOL  LAW 

service  shall  aggregate  thirty  years,  except  as  hereinafter  pro- 
vided, whether  before  or  after,  or  partly  before  or  after,  the 
passage  of  the  act.  Each  teacher  so  retired  shll  be  entitled 
to  receive  as  pension  an  annuity  equal  to  one-half  of  the  aver- 
age  annual  salary  drawn  by  said  teacher  for  the  five  years 
preceding  retirement,  but  in  case  his  or  her  years  of  teaching 
shall  not  aggregate  thirty  years,  but  shall  aggregate  at  least 
twenty  years,  he  or  she  may  be  temporarily  retired  and  shall 
be  entitled  to  such  a  part  of  the  annuity  as  his  or  her  years 
of  service  are  a  part  of  thirty.  Any  teacher  who  has  been  re- 
tired  under  this   class   and   who   recovers   his   or  her  mental 

or  physical  powers  sufficiently  to  teach  or  earn  a  livelihood  in 
some  other  manner,  in  the  opinion  of  a  physician  selected  by 
the  retirement  commissioners,  shall  cease  to  draw  an  annuity 
under  this  classification.  If  such  teacher  does  not  recover 
before  reaching  the  age  of  sixty,  then  he  or  she  shall  be  trans- 
ferred to  Class  B. 

Class  B.  Any  member  of  the  retirement  association  who 
has  taught  thirty  years,  one-third  of  which  time  has  been  in 
the  city  or  State  in  which  the  retirement  association  is  located 
and  who  has  reached  the  age  of  sixty  years,  shall,  upon  his 
or  her  request,  or  upon  the  recommendation  of  the  retirement 
commission  and  a  two-thirds  vote  of  the  board  of  education  of 
the  city  or  State,  without  option  be  placed  upon  the  retired 
list,  and  shall  be  entitled  to  an  annuity  equal  to  one-half  of 
the  average  annual  salary  of  the  five  years  preceding  retire- 
ment. Provided,  that  the  maximum  annuity  paid  to  any 
teacher  under  either  Class  A  or  B  shall  not  exceed  $600.00. 

Sec.  13.  Id.  Delinquent  dues  to  be  deducted.  Transfer  or 
continuation  of  membership.  Any  teacher  who  is  retired 
under  the  provisions  of  either  Class  "A"  or  "B"  and 
who  at  the  time  of  retirement  has  not  paid  into  the  retire- 
ment fund  a  sum  equal  to  one  per  cent  of  the  entire  salary 
received  for  the  previous  years  of  service  claimed,  not  to  ex- 
ceed a  maximum  of  twelve  hundred  dollars  annually,  shall 
have  such  an  amount  deducted  from  his  or  her  annuity  as 
shall  equal  the  amount  still  due.     This  deduction  may,  in  the 


SCHOOL   LAW  H9 

discretion  of  the  retirement  commissioners,  be  distributed  over 
a  period  not  to  exceed  three  years.  Any  teacher  who  is  a 
member  of  a  retirement  association  in  the  State  of  Utah,  and 
who  accepts  employment  in  a  district  outside  of  the  bounds 
of  his  or  her  association  shall,  within  thirty  days  thereafter, 
elect  in  which  of  two  ways  he  or  she  prefers  to  continue  his 
or  her  membership : 

1.  A  transfer  of  membership,  or 

2.  An  absent  membership. 

If  the  first  mentioned  is  selected,  the  clerk  of  the  commis- 
sion shall  fill  out  on  a  proper  form  a  report  covering  the  neces- 
sary data  concerning  said  teacher,  which  report,  with  the  one- 
half  of  the  amount  of  money  paid  into  the  fund  by  or  on  ac- 
count of  said  teacher,  shall  be  accepted  by  any  commission 
within  the  State  as  the  complete  record  and  payment  of  back 
dues  of  such  teacher. 

If  the  second  method  is  chosen,  a  teacher  may  continue 
his  or  her  membership  by  voluntarily  sending  annually  to  the 
clerk  of  the  commission  the  one  per  cent  of  his  or  her  salary 
as  certified  to  by  the  clerk  of  the  board  where  he  or  she  is 
employed,  not  to  exceed  a  maximum  of  twelve  hundred  dollars 
annually. 

Sec.  14.  Estate  entitled  to  refund.  In  case  of  the  death 
of  a  member  of  the  retirement  association  before  retirement, 
leaving  relatives  dependent  upon  him  or  her,  the  estate  of  said 
teacher  shall  be  entitled  to  a  refund  of  the  total  amount  paid 
into  said  fund  by  said  teacher.  Or  if  the  estate  has  not  sut'ii 
cient  funds  to  pay  the  funeral  expenses,  then  such  expenses 
shall  be  paid  by  the  retirement  commission,  not  exceeding  the 
amount  paid  to  the  association  by  such  teacher. 

Sec.  15.  Insufficient  funds.  If  at  any  time  the  funds 
of  the  retirement  association  are  not  sufficient  to  meet  the 
annuities  and  refunds  hereinbefore  specified,  each  annuitant 
and  claimant  shall  be  paid  pro  rata  his  or  her  proportion  of 
the  funds  that  are  available. 

Sec.   16.     Definition   oi   terms.    The   term    "teacher."   as 


120  SCHOOL   LAW 

used  throughout  this  act,  with  reference  to  cities  of  the  first 
class,  shall  include  superintendents,  supervisors,  principals, 
and  teachers,  in  the  employ  of  boards  of  education  thereof, 
and  as  used  with  reference  to  the  State  at  large,  shall  include 
presidents  of  faculties,  superintendents,  professors,  instruc- 
tors, superviors,  principals  and  teachers  employed  in  the  pub- 
lic school  system  of  the  State  outside  of  cities  of  the  first 
class,  and  the  term  "board  of  trustees"  shall  include  the  board 
of  control  of  any  institution  of  learning  in  the  public  school 
system. 

Sec.  17.  Rules  and  by-laws.  The  retirement  commission 
is  empowered  to  adopt  such  rules  and  by-laws  for  the  carrying 
out  of  the  provisions  of  this  act  as  are  in  harmony  with  its 
intents  and  purposes. 

Sec.  IS.  Repeal.  Proviso.  That  chapter  21  of  title  66,  of 
the  Compiled  Laws  of  Utah,  1907,  be,  and  the  same  is  hereby 
repealed;  but  all  retirement  associations  and  commissions  or- 
ganized under  the  provisions  of  said  chapter  are  continued 
under  this  act. 


CHAPTER  60. 
STUDY  OF  THE  HABITS  OF  BIRDS. 

Session  Laws,   1913. 

Section  1.  Habits  of  birds,  etc.,  to  be  observed  in  schools. 
Bird  Day  established.  It  shall  be  the  duty  of  the  Board 
of  Education  or  school  board  of  every  school  district 
within  this  State  to  cause  to  be  observed  in  the  schools,  the 
last  Friday  in  April  of  each  year  as  Bird  Day,  wTith  appropriate 
lessons  and  exercises  relating  to  the  observation,  the  study  and 
the  value  of  birds  and  other  forms  of  animal  life,  particularly 
as  aids  in  the  extermination  of  insects,  weeds  and  other  pests.' 


SCHOOL   LAW  121 


Extracts  from  the  Constitution  of  the 
State  of  Utah. 


ARTICLE  X. 

EDUCATION. 

Section  1.  Free  non-sectarian  schools. ..  The  legislature 
shall  provide  for  the  establishment  and  maintenance  of  a  uni- 
form system  of  public  schools,  which  shall  be  open  to  all  chil- 
dren of  the  State,  and  be  free  from  sectarian  control. 

Sec.  2.  Public  school  system.  Maintenance.  The  public 
school  system  shall  include  kindergarten  schools,  common 
schools,  consisting  of  primary  and  grammar  grades,  high 
schools,  an  agricultural  college,  a  university,  and  such  other 
schools  as  the  legislature  may  establish.  The  common  schools 
shall  be  free.  The  other  departments  of  the  system  shall  be 
supported  as  provided  by  law;  provided,  that  high  schools 
may  be  maintained  free  in  all  cities  of  the  first  and  second  class 
now  constituting  school  districts,  and  in  such  other  cities  and 
districts  as  may  be  designated  by  the  legislature.  But  where 
the  proportion  of  school  moneys  apportioned  or  accruing  to 
any  city  or  district  shall  not  be  sufficient  to  maintain  all  the 
free  schools  in  such  city  or  district,  the  high  schools  shall  bi 
supported  by  local  taxation. 

Sec.  3.  Declaring  What  Shall  Constitute  the  State  School 
Fund,  and  Providing  for  the  Apportionment  of  High  School 
Funds.  The  proceeds  of  all  lands  that  have  been  or  may  be 
granted  by  flic  United  States  to  this  State,  for  the  support  of 
the  common  schools;  the  proceeds  of  ;ill  property  thai  may 
accrue  to  the  State  b\  eseliejit  or  for l'c it ii re  .■  all  unclaimed 
shares  and  dividends  of  any  corporation  incorporated  \\\\(\cv 
the  laws  of  this  State;  the  proceeds  of  the  sale  of  timber,  min- 


122  SCHOOL   LAW 

rial  or  othi'r  property  from  school  and  State  lands,  other  than 
those  granted  for  specific  purposes;  and  five  per  centum  of  the 
net  proceeds  of  the  sale  of  public  lands  lying  within  the  state, 
which  shall  be  sold  by  the  United  States,  subsequent  to  the 
admission  of  this  State  into  the  Union,  shall  be  and  remain  a 
perpetual  fund,  to  be  called  the  State  School  Fund,  the  interest 
of  which  only,  together  with  such  other  means  as  the  Legisla- 
ture may  provide,  shall  be  distributed  among  the  several  school 
districts  according  to  the  school  population  residing  therein. 
Provided,  That  all  funds  derived  from  any  State  tax  for  high 
schools  shall  be  apportioned  among  the  several  cities  and  school 
districts  according  to  the  attendance  at  the  high  schools  there- 
in ;  but  no  city  or  district  shall  be  entitled  to  any  part  of  the 
fund  derived  from  the  State  tax  for  high  school  unless  the  high 
school  therein  is  maintained  upon  the  standard  and  for  tne 
period  during  the  year  that  may  be  fixed  by  the  state  board 
of  education.  (Amendment  adopted  November  8th,  1910.) 

Sec.  4.  University  and  Agricultural  College  located.  The 
location  and  establishment  by  existing  laws  of  the  University 
of  Utah,  and  the  Agricultural  College  are  hereby  confirmed, 
and  all  the  rights,  immunities,  franchises  and  endowments' 
heretofore  granted  or  conferred,  are  hereby  perpetuated  unto 
said  University  and  Agricultural  College  respectively. 

Sec.  5.  Permanent  funds.  The  proceeds  of  the  sale  of 
lands  reserved  by  an  act  of  Congress,  approved  February  21st, 
1855,  for  the  establishment  of  the  University  of  Utah,  and  of 
all  the  lands  granted  by  an  act  of  congress,  approved  July 
16th,  1894,  shall  constitute  permanent  funds,  to  be  safely  in- 
vested and  held  by  the  State ;  and  the  income  thereof  shall  be 
used  exclusively  for  the  support  and  maintenance  of  the  dif- 
ferent institutions  and  colleges,  respectively,  in  accordance 
with  the  requirements  and  conditions  of  said  acts  of  Congress. 

Sec.  6.  Separate  control  of  city  schools.  In  cities  of  the 
first  and  second  class,  the  public  school  system  shall  be  con- 
trolled by  the  board  of  education  of  such  cities,  separate  and 
apart  from  the  counties  in  which  said  cities  are  located. 


SCHOOL   LAW  123 

Sec.  7.  School  funds  guaranteed  by  state.  All  public 
school  funds  shall  be  guaranteed  by  the  State  against  loss  or 
diversion. 

Sec.  8.  State  board  of  education.  The  general  control 
and  supervision  of  the  public  school  system  shall  be  vested  in 
a  state  board  of  education,  consisting  of  the  superintendent  of 
public  instruction,  and  such  other  persons  as  the  legislature 
may  provide. 

Sec.  9.  Text  books.  Neither  the  legislature  nor  the  state 
board  of  education  shall  have  power  to  prescribe  text  books 
to  be  used  in  the  common  schools. 

Sec.  10.  Institutions  for  deaf,  dumb  and  blind.  Institu- 
tions for  the  deaf  and  dumb,  and  for  the  blind,  are  hereby 
established.  All  property  belonging  to  the  school  for  the  deaf 
and  dumb,  heretofore  connected  with  the  University  of  Utah, 
shall  be  transferred  to  said  institution  for  the  deaf  and  dumb. 
All  the  proceeds  of  the  lands  granted  by  the  United  States,  for 
the  support  of  a  deaf  and  dumb  asylum,  and  for  an  institution 
for  the  blind,  shall  be  a.  perpetual  fund  for  the  maintenance  of 
said  institutions.  It  shall  be  a  trust  fund,  the  principal  of 
which  shall  remain  inviolate,  guaranteed  by  the  state  against 
loss  by  diversion. 

Sec.  11.  Metric  system.  The  metric  system  shall  be 
taught  in  the  public  schools  of  the  state. 

Sec.  12.  No  religious  or  partisan  tests  in  schools.  Neither 
religious  nor  partisan  test  or  qualification  shall  be  required  of 
any  person  as  a  condition  of  admission,  as  teacher  or  student, 
into  any  public  educational  institution  of  the  State. 

Sec.  13.  Public  aid  to  church  schools  forbidden.  Neither 
the  legislature  nor  any  county,  city,  town,  school  district  or 
other  public  corporation,  shall  make  any  appropriation  to  aid 
in  the  support  of  any  school,  seminary,  academy,  eollege,  uni- 
versity, or  other  institution,  controlled  in  whole,  or  in  part,  by 
any  church,  sect  or  denomination  whatever. 


124  SCHOOL   LAW 

ARTICLE  13. 

Sec.  7.  Fixing  the  Rate  of  Taxation  for  State  Purposes, 
Apportioning  Same  and  Creating  a  High  School  Fund.  The 
rate  of  taxation  on  property  for  State  purposes  shall  never 
exceed  eight  mills  on  each  dollar  of  valuation  to  be  appor- 
tioned as  follows :  Not  to  exceed  four  and  one-half  mills  on 
each  dollar  of  valuation  for  general  State  purposes;  not  to  ex- 
ceed three  mills  on  each  dollar  of  valuation  for  district  school 
purposes;  not  to  exceed  one-half  mill  on  each  dollar  of  valua- 
tion for  high  school  purposes;  that  part  of  the  state  tax  ap- 
portioned to  high  school  purposes  shall  constitute  a  fund  to  be 
called  the  "high  school  fund"  and  shall  be  apportioned  to  the 
cities  and  school  districts  maintaining  high  schools  in  the  man- 
ner the  legislature  may  provide.  And  whenever  the  taxable 
property  within  the  State  shall  amount  to  four  hundred  mil- 
lion dollars,  the  rate  shall  not  exceed  five  mills  on  each  dollar 
of  valuation ;  unless  a  proposition  to  increase  such  rate,  specify- 
ing the  rate  proposed  and  the  time  during  which  the  same  shall 
be  levied,  be  first  submitted  to  a  vote  of  such  of  the  qualified 
electors  of  the  State  as,  in  the  year  next  preceding  such  elec- 
tion, shall  have  a  property  tax  assessed  to  them  within  the 
State,  and  the  majority  of  those  voting  thereon  shall  vote  in 
favor  thereof,  in  such  manner  as  may  be  provided  by  law. 
(Amendment  adopted  November  8th,  1910.) 


ARTICLE  14 

Sec.  4.  Fixing  the  limit  of  indebtedness  of  counties,  cities, 
towns  and  school  districts.  When  authorized  to  create  indebt- 
edness as  provided  in  section  3  of  this  article,  no  county  shall 
become  indebted  to  an  amount,  including  existing  indebtedness 
exceeding  two  per  centum.  No  city,  town,  school  district  or 
other  municipal  corporation,  shall  become  indebted  to  an 
amount,  including  existing  indebtedness,  exceeding  four  per 
centum  of  the  value  of  the  taxable  property  therein,  the  value 


SCHOOL   LAW  125 

to  be  ascertained  by  the  last  assessment  for  State  and  county 
purposes,  previous  to  the  incurring  of  such  indebtedness;  ex- 
cept that  in  incorporated  cities  the  assessment  shall  be  taken 
from  the  last  assessment  for  city  purposes;  provided,  that  no 
part  of  the  indebtedness  allowed  in  this  section  shall  be  in- 
curred for  other  than  strictly  county,  city,  town  or  school  dis- 
trict purposes ;  provided  further,  that  any  city  of  the  first  and 
second  class  when  authorized  as  provided  in  Section  three  of 
this  article,  may  be  allowed  to  incur  a  larger  indebtedness,  not 
to  exceed  four  per  centum  and  any  city  of  the  third  class,  or 
town,  not  to  exceed  eight  per  centum  additional,  for  supplying 
such  city  or  town  with  water,  artificial  lights  or  sewers,  when 
the  works  for  supplying  such  water,  light  and  sewers,  shall  be 
owned  and  controlled  by  the  municipality.  (Amendment 
adopted  November  8th,  1910.) 


126  SCHOOL    LAW 


Extracts  from  the    Compiled  Laws    of  Utah. 


CHAPTER  11. 
UNIVERSITY. 

2290.  General  powers.  The  name  of  the  University  or- 
ganized under  an  act  approved  February  twenty-eighth,  eigh- 
teen hundred  and  fifty,  and  laws  amendatory  or  supplementary 
thereto,  shall  hereafter  be  University  of  Utah,  and  by  this 
name  it  is  constituted  and  continued  a  body  corporate,  with 
perpetual  succession.  It  may  have  and  use  a  corporate  seal, 
and  by  the  aforementioned  name  may  sue  and  be  sued,  and 
contract  and  be  contracted  with.  It  is  vested  with  all  the 
property  and  franchises  of,  and  shall  be  subject  to  all  the  con- 
tracts, obligations,  and  liabilities  of,  the  former  corporation. 

2291.  Id.  It  may  take  and  hold  by  purchase,  gift,  de- 
vise, or  bequest,  real  and  personal  propetry  required  for  its 
uses.  It  may  also  convert  property  received  by  gift,  devise,  or 
bequest,  and  not  suitable  for  its  uses,  into  other  property  so 
available,  or  into  money.  It  shall  be  deemed  a  public  corpora- 
tion, and  shall  be  subject  to  the  laws  of  this  state,  existent  or 
hereafter  enacted,  relating  to  its  purposes  and  government. 
Its  property  shall  be  exempt  from  all  taxes  and  assessments. 

2292.  Highest  branch  of  public  educational  system.  The 
University,  until  otherwise  provided  for  by  law,  shall  be  the 
highest  branch  of  the  system  of  public  education.  As  far  as 
practicable  its  courses  and  methods  shall  be  arranged  to  sup- 
plement the  instruction  of  the  subordinate  branches  of  such 
system,  with  a  view  to  afford  a  thorough  education  to  stu- 
dents of  both  sexes  in  the  arts,  the  sciences,  literature,  and 
the  civil  professions,  including  engineering;  but  the  Univer- 
sity must  not  include  in  its  courses,  agriculture,  except  ele- 
mentary agriculture  as  is  or  may  be  prescribed  in  the  normal 


SCHOOL  LAW  127 

course,  horticulture,  animal  industry,  veterinary  science,  do- 
mestic science  and  art,  except  as  is  or  may  be  prescribed  in 
the  normal  course,  and  instruction  in  irrigation  as  applied  to 
the  measurement,  distribution,  and  application  of  water  for 
agricultural  purposes. 

2293.  Board  of  regents.  Terms.  The  government  of  the 
University  and  the  management  of  its  property  and  affairs, 
shall  be  vested  in  a  Board  of  Regents  consisting  of  the  Secre- 
tary of  State  and  twelve  resident  citizens  of  the  state  to  be  ap- 
pointed by  the  governor.  As  the  terms  of  the  present  incum- 
bents expire,  except  that  of  the  secretary  of  state,  their  succes- 
sors shall  be  appointed  and  shall  hold  office  for  a  period  of 
four  years,  the  term  of  each  commencing  on  the  first  day  of 
July  next  after  their  appointment. 

2294.  Oaths  and  bond.  Every  regent,  except  the  Secre- 
tary of  State,  before  entering  upon  the  duties  of  his  office,  shall 
take  the  official  oath  and  execute  to  the  University,  a  bond, 
with  sureties  to  be  approved  by  the  Secretary  of  State,  in 
the  penal  sum  of  $1,000,  each  conditioned  for  the  faithful  dis- 
charge of  his  duties.  These  oaths  and  bonds  shall  be  filed  with 
the  Secretary  of  State. 

2295.  Powers.  Executive  committee.  The  board  shall 
have  power  to  enact  by-laws  and  regulations  for  all  concerns 
of  the  institution,  not  inconsistent  with  the  laws  of  the  state. 
A  quorum  of  the  board  shall  consist  of  five  members.  Between 
meetings  of  the  board,  its  full  powers  may  be  exercised  as  to 
the  ordinary  business  of  the  university,  by  an  executive  com- 
mittee of  five  members  appointed  by  the  board,  a  majority  of 
whom  shall  constitute  a  quorum  thereof. 

2296.  Chairman  and  secretary  of  board.  The  board  shall 
choose  one  of  its  number  chairman.  lie  shall  he  the  executive 
officer  of  the  board,  ami  shall  hold  office  i'<>r  two  years  and 
until  his  successor  is  chosen  and  has  qualified.  It  shall  like- 
wise appoint  a  secretary,  who  may  be  a  regent,  and  a  treasurer, 
who  shall  not  be  a  regenl  ;  and  it  may  require  from  each  a  bond 


128  SCHOOL   LAW 

to  the  university  for  the  faithful  discharge  of  his  duties.  Such 
bonds  must  be  approved  by  and  delivered  to  the  secretary  of 
state.  Bonds  taken  by  the  university,  to  secure  the  faithful 
discharge  of  official  duties,  shall  be  copied  in  the  regents'  rec- 
ord book,  and  in  case  of  the  loss  or  destruction  of  any  bondT 
the  record  shall  be  prima  facie  evidence  of  the  contents  and 
execution  of  such  bonds. 

2297.  Faculty.  The  board  may  provide  for  the  consti- 
tution and  organization  of  the  faculty  of  the  university,  of 
which  the  president  thereof  shall  be  the  chairman  and  execu- 
tive officer.  It  may,  in  its  discretion,  commit  to  the  faculty  the 
selection  and  the  dismissal  of  instructors  and  employees,  and 
the  determination  of  their  compensation  as  well  as  the  general 
management  of  instruction  and  of  the  examination,  admission, 
and  classification  of  students. 

2298.  Board  to  appoint  faculty.  The  board  shall  appoint 
the  president  and  the  professors  of  the  university,  shall  pre- 
scribe their  duties,  and  determine  their  salaries. 

2299.  President's  ex-officio  duties.  The  president  of  the 
university  shall  be  ex-officio  a  member  of  the  board  of  regents, 
with  all  the  rights,  privileges,  and  obligations  of  every  other 
member  thereof;  and,  furthermore,  he  shall  be  ex-officio  a 
member  of  the  state  board  of  education. 

2300.  Contracts  with  instructors.  All  contracts  here- 
after made  with  professors,  instructors,  or  employees,  whether 
for  a  definite  or  indefinite  time,  shall  be  subject  to  termina- 
tion at  the  will  of  the  board,  or  of  its  executive  committee,  if 
the  board  be  not  in  session,  when  the  interests  of  the  Univer- 
sity so  require. 

2301.  May  take  gifts  and  devises.  The  board  in  its  cor- 
porate capacity  may  take  by  grant,  gift,  devise,  or  bequest,  any 
property,  real  or  personal,  for  the  use  of  any  department  of 
the  university,  or  of  any  professorship,  chair,  or  scholarship 
therein,  or  for  the  library,  an   observatory,  workshops,   gym- 


SCHOOL   LAW  129 

nasiums,  experimental  apparatus,  a  student's  loan  fund,  or 
any  other  purpose  appropriate  to  the  objects  of  the  university, 
Such  property  shall  be  received,  held,  invested,  and  managed, 
and  the  proceeds  thereof  used  by  the  board,  for  the  purposes, 
and  under  the  conditions  prescribed  in  the  grant  or  donation. 
If  by  the  terms  of  any  such  grant,  gift,  devise,  or  bequest,  con- 
ditions be  imposed  which  are  impracticable  under  the  laws  of 
the  state,  such  grant  or  donation  shall  not  thereby  fail.  But 
the  conditions  thereof  must  be  rejected  and  the  intent  of  the 
grantor  or  donor  carried  out  as  nearly  as  may  be.  No  grant, 
gift,  devise  nor  bequest  for  the  benefit  of  the  university  shall 
be  defeated  or  prejudiced  by  any  misnomer,  misdescription,  or 
informality  whatever;  provided,  that  the  intention  of  the 
grantor  or  donor  can  be  shown  or  ascertained  with  reasonable 
certainty. 

2302.  Regents  not  to  receive  compensation.  Expenses. 
No  regent  shall  receive  any  compensation  for  his  services  as 
regent;  but  he  may  be  allowed  his  actual  expenses  incurred  in 
attending  meetings  of  the  board  or  its  committees,  or  in  at- 
tending to  any  business  of  the  university  under  authority  of 
the  board  or  its  committees. 

2203.  Fiscal  year.  The  fiscal  year  of  the  university  shall 
commence  on  the  first  day  of  July  and  end  on  the  thirtieth 
day  of  June  in  each  year,  and  biennial  appropriations  made 
for  its  maintenance,  unless  otherwise  specified,  shall  be  deemed 
to  be  for  the  two  years  commencing  on  the  first  day  of  July 
next  after  the  appropriation  is  made. 

2304.  Degrees.  The  university  may  confer  degrees  upon 
students  who  have  satisfactorily  completed  any  of  its  pre- 
scribed courses  of  study.  It  may  also  confer  special,  honor- 
ary, or  emeritus  degrees  upon  former  members  of  its  faculty. 
for  long  or  eminent  service  in  the  university,  bul  otherwise  DO 
such  degrees  shall  be  conferred. 

2305.  State  Normal  School.  The  State  Normal  School 
shall  be  continued  as  u  department  of  the  University,  for  stu- 


130  SCHOOL   LAW 

iKiits  of  both  sexes,  and  it  shall  also  be  known  as  "The  State 
School  of  Education,"  and  its  special  work  and  purpose  shall 
be  to  train  teachers  for  all  grades  and  departments  of  the  pub- 
lic school.  It  shall  offer  courses  of  study  which  shall  include 
educational  theory  and  practice  in  teaching,  leading  to  de- 
grees; and  shall  prescribe  work  including  educational  theory 
and  practice  in  teaching,  leading  to  teachers'  certificates  and 
diplomas.  Four  hundred  scholarships  shall  be  maintained  in 
the  School  of  Education;  provided,  that  the  holders  of  such 
scholarships  enrolled  in  the  secondary  training  department  of 
the  School  of  Education  shall  at  no  time  exceed  two  hun- 
dred. The  holders  of  these  scholarships  shall  be  exempt  from 
payment  of  all  marticulation  fees.  The  appointment  shall  be 
made  for  a  term  of  years  corresponding  to  the  length  of  the 
course  or  prescribed  work  the  student  elects  to  pursue  and 
shall  terminate  at  the  time  such  student  is  graduated,  or  re- 
ceives a  teacher's  certificate  or  diploma.  On  or  before  the 
first  day  of  May  of  each  year  the  president  of  the  university 
shall  determine  the  number  of  appointments  to  be  made  for 
the  succeeding  year,  and  shall  send  notice  thereof  to  the 
state  superintendent  of  public  instruction 

2306.  Appointments.  Appointments  to  normal  scholar- 
ships shall  be  made  by  the  state  superintendent  of  public  in- 
struction, on  nomination  by  the  county  board  of  examiners, 
or  city  boards  of  education,  when  such  cities  are  not  under  the 
supervision  of  the  county  superintendent  of  schools.  It  shall 
be  the  duty  of  the  superintendent  of  public  instruction,  on  or 
before  the  last  day  of  May  of  each  year,  to  apportion  to  the 
counties  and  cities,  on  the  basis  of  school  population,  the  num- 
ber of  normal  scholarships  to  which  they  may  be  respectively 
entitled.  Appointments  to  vacancies  in  normal  scholarships 
existing  at  or  after  the  opening  of  the  academic  year  of  the 
university,  may  be  made  by  the  president  of  the  University. 
Students  who  have  been  appointed  to  normal  scholarships  may 
be  examined  before  admission  to  the  school  by,  or  under  the 
direction  of,  the  university  faculty,  and  such  students  may 
be  rejected,  if  found  to  be  unqualified. 


SCHOOL   LAW  131 

2307.  Id.  Normal  certificates  and  diplomas.  Holders  of  nor- 
mal scholarships  shall  be  required  to  declare  their  intentions 
to  complete  the  prescribed  work  of  normal  instruction  for  a 
degree,  diploma  or  certificate,  and,  after  completion  of  such 
work,  to  teach  in  the  public  schools  of  this  state.  In  the  event 
of  such  students  discontinuing  their  studies  at  the  university 
before  said  instruction  is  completed,  they  shall  be  required 
to  pay  to  the  university  the  amount  of  marticulation  fees 
required  of  other  students  for  a  corresponding  term  of  at- 
tendance ;  provided,  that  the  president  of  the  university  may 
grant  leave  of  absence  not  exceeding  one  year  at  any  time  to 
a  holder  of  a  normal  scholarship,  and  may  appoint  to  the  va- 
cancy during  the  absence  on  leave  of  the  regular  holder.  The 
president  of  the  university  may  at  any  time  cancel,  for  neg- 
lect or  incompetency,  the  normal  scholarship  of  any  student, 
and  he  may  require,  upon  such  cancellation,  the  payment  to 
the  university  of  all  fees  unexacted  by  reason  of  the  scholar- 
ship. Holders  of  teachers'  certificates  issued  by  the  School  of 
Education  of  the  university  shall  be  entitled,  without  fur- 
ther examination  as  to  scholarship,  to  teach  the  grades  or 
subjects  mentioned  in  the  certificates  for  a  period  of  five  years 
after  such  certificates  are  issued.  Holders  of  teachers'  gram- 
mar grade  diplomas  thus  issued  shall  be  entitled  thereafter  to 
teach  in  the  elementary  schools  without  examination  as  to 
scholarship;  provided,  that  the  holder  of  such  diploma,  after 
having  had  two  years  of  successful  experience  in  teaching 
in  this  state  shall  be  entitled  to  a  life  grammar  grade  diploma 
to  be  issued  by  the  state  board  of  education.  The  university 
may  confer  degrees  upon  students  who  have  satisfactorily 
completed  the  prescribed  courses  in  the  School  of  Education, 
which  degrees  shall  thereafter  be  sufficient  evidence  of  the 
holder's  qualification  to  teach  in  the  elementary  and  high 
schools  without  examination  as  to  scholarship;  provided,  that 
a  degree  from  the  university  with  an  accompanying  diploma 
conferred  prior  to  September  1,  1911,  shall  have  tin-  same 
force  as  a  degree  given  for  the  completion  of  a  coins.'  in  the 
School  of  Education. 


132  SCHOOL  LAW 

2308.  Preparatory  course.  A  course  of  studies  prepara- 
tory to  the  regular  university  courses  may  be  maintained  for 
such  length  of  time  as  the  board  shall  think  necessary. 

2309.  Free  to  residents.  Instruction  in  the  preparatory, 
normal,  and  regular  university  courses  shall  be  free  to  actual 
residents  of  Utah,  but  an  entrance  fee  not  to  exceed  ten  dol- 
lars for  residents  and  not  to  exceed  fifty  dollars  for  non- 
residents of  Utah,  may  be  required  annually.  The  board  of  re- 
gents may  fix  a  reasonable  charge  for  instruction  in  special 
studies,  not  embraced  in  the  regular  course,  and  for  post- 
graduate instruction.  No  partisan,  political  nor  sectarian  re- 
ligious doctrine,  shall  be  taught  or  inculcated  in  the  univer- 
sity, and  no  political  nor  religious  test  shall  be  required  as  a 
qualification  of  any  student,  professor,  instructor,  officer,  or 
employee  of  the  University  of  Utah. 

2310.  Founding  and  naming  professorship.  Any  person 
or  persons  who  may  give  or  bequeath  to  the  university  a  sum 
not  less  than  forty  thousand  dollars,  for  the  purpose  of  found- 
ing a  professorship  in  any  department  thereof,  shall  have  the 
privilege  of  giving  name  to  such  professorship.  A  similar 
gift  or  bequest  of  not  less  than  twenty-five  thousand  dollars 
for  the  purpose  of  founding  an  adjunct  professorship,  shall  en- 
title the  giver  to  the  like  privilege. 

2311.  Nominating  first  incumbent.  Any  person  or  per- 
sons who  may  give  or  bequeath  to  the  university  a  sum  not 
less  than  fifty  thousand  dollars,  for  the  purpose  of  founding  a 
professorship  in  any  of  its  departments,  shall  have  the  privi- 
lege of  giving  name  to  such  professorship,  and  of  nominating 
its  first  incumbent.  A  similar  gift  or  bequest  of  not  less  than 
thirty-five  thousand  dollars,  for  the  purpose  of  founding  an 
adjunct  professorship,  shall  entitle  the  giver  to  the  like  privi- 
leges. 

2312.  Nominating  incumbent  in  perpetuity.  Any  person 
or  persons  who  may  give  or  bequeath,  to  the  university,  a 
sum  not  less  than  sixty  thousand  dollars,  for  the  purpose  of 
founding  a  professorship  in  any  of  the  departments,  shall  have 


SCHOOL   LAW  133 

the  privilege  of  giving  name  to  sueh  professorship  and  of 
designating  the  manner  in  which  the  incumbents  thereof,  in 
succession  forever,  shall  be  nominated;  provided,  that  the 
board  of  regents  of  the  university  shall  have  t lie  privilege  of 
rejecting  any  nomination  or  of  removing  any  incumbent  for 
cause.  A  similar  gift  or  bequest  of  not  less  than  forty-live 
thousand  dollars,  for  the  purpose  of  founding  an  adjunct  pro- 
fessorship, shall  entitle  the  giver  to  the  like  privileges. 

2313.  Founding  fellowship  or  lectureship.  Any  person 
or  persons  who  may  give  or  bequeath  to  the  university  a  sum 
not  less  than  ten  thousand  dollars,  to  found  a  fellowship  or 
lectureship  in  any  of  its  departments,  shall  have  the  privilege 
of  naming  such  fellowship  or  lectureship,  and  of  nominating  its 
first  incumbent. 

2314.  Id.  Nominating  Incumbents  in  perpetuity.  Any  person 
or  persons  wTho  may  give  or  bequeath  a  sum  not  less  than 
fifteen  thousand  dollars,  to  found  a  fellowship  or  lectureship 
in  any  department  of  the  university,  shall  have  the  privilege 
of  naming  such  fellowship  or  lectureship,  and  of  designating 
the  manner  in  which  the  incumbents  thereof,  in  succession  for- 
ever, shall  be  nominated-,  provided,  that  in  case  of  a  lecture- 
ship, the  board  of  regents  of  the  University,  shall  have  the 
privilege  of  rejecting  any  nomination,  or  of  removing  any  in 
cumbent  for  cause. 

2315.  Scholarships.  University  scholarships  in  the  dif- 
ferent departments,  shall  be  of  three  different  classes,  first, 
second  and  third,  according  as  the  endowment  is  three  thou- 
sand, two  thousand,  or  one  thousand  dollars,  and  any  person 
or  persons,  founding  a  scholarship  of  any  class,  or  in  any  dc 
partment,  shall  have  the  privilege  of  naming  such  scholarship. 
and  of  nominating  its  first   incumbent. 


I'M  SCHOOL   LAW 

SCHOOL  OF  MINES. 

2320x.  School  of  mines  established.  A  state  school  of 
mint's  is  hereby  established  in  connection  with,  and  as  a  de- 
partment of  the  University  of  Utah,  in  accordance  with  the 
enabling  act  admitting  Utah  into  the  Union  of  States. 

2320x1.  Under  control  of  University.  Said  school  shall 
be  under  the  management  and  control  of  the  regents  of  the 

University  of  Utah. 

• 

2320x2.  Beneficiary  of  land  grants.  Said  school  shall  be 
the  beneficiary  of  all  land  grants  and  appropriations  made  or 
to  be  made  by  the  United  States  to  the  state  of  Utah  for  the 
establishment  and  maintenance  of  a  school  of  mines. 

2320x3.  Course,  of  studies.  In  said  school  there  may  be 
offered  to  students,  studies  and  courses  of  instruction  relating 
to  mining,  metallurgical,  electrical  and,  such  other  branches 
of  engineering  as  pertain  to  the  pursuit  and  development  in 
all  its  branches  of  the  mining  industry  of  Utah. 


AGRICULTURAL   COLLEGE. 

2073.  Where  located.  The  Agricultural  College  of  Utah 
shall  continue  as  now  established  and  located  at  Logan,  in  the 
county  of  Cache. 

2074.  Object.  The  leading  object  of  the  college  shall  be 
to  teach  branches  of  learning  related  to  agriculture  and  the 
mechanical  arts,  and  such  other  scientific  and  classical  studies 
as  may  promote  the  liberal  and  practical  education  of  the  in- 
dustrial classes  in  the  several  pursuits  and  professions  of  life. 

2075.  Board  of  Trustees.  The  government  and  control 
of  the  College  shall  be  vested  in  a  board  of  trustees,  which 
shall  consist  of  the  secretary  of  state  and  twelve  resident  citi- 


SCHOOL   LAW  135 

zens  of  the  state,  to  be  appointed  by  the  governor.  Six  of 
said  citizen  members  of  the  board  shall  be  appointed  to  serve 
for  two  years  and  six  of  said  citizen  members  for  a  term  of 
four  years,  as  may  be  designated  by  the  governor  at  the  time 
of  their  appointment;  such  appointments  to  be  made  at  the 
expiration  of  the  respective  terms  of  the  preseiu  members. 
Thereafter  appointments  shall  be  for  the  term  of  four  years. 

2076.  Id.  Has  general  charge.  By-laws.  Faculty.  The 
board  shall  take  charge  of  the  general  interests  of  the  institu- 
tion, and  may  sue  and  be  sued  in  all  matters  concerning  it. 
The  board  shall  have  power  to  enact  by-laws  and  regulations 
for  all  concerns  of  the*  institution,  not  inconsistent  with  the 
laws  of  the  state;  and  likewise  to  appoint  a  president  of  the 
faculty,  professors,  and  such  other  officers  and  employes  as, 
in  its  judgment  may  be  necessary,  to  prescribe  their  duties, 
and  to  determine  their  salaries. 

2077.  Record  and  accounts.  The  board  shall  have  kept 
an  accurate  record  of  its  proceedings,  which  shall  embrace 
copies  of  all  contracts  entered  into,  and  a  minute  and  accurate 
record  of  all  expenditures,  showing  the  amount  paid,  to  whom 
paid,  and  for  what  service  rendered,  and  materials  purchased, 
and  whether  paid  on  account  or  in  performance  of  con  trad  ; 
and  for  all  payments  made  vouchers  shall  be  taken. 

2078.  Board  has  general  control.  The  board  shall  have 
the  general  control  and  supervision  of  the  college,  of  the  farm 
pertaining  thereto,  and  of  such  property  as  may  be  vested  in 
the  college  by  law,  of  all  appropriations  made  by  the  state 
for  the  support  of  the  same,  and  also  of  lands  or  personalty 
that  may  hereafter  be  donated  by  the  state,  or  by  the  United 
States,  or  by  any  person  or  corporation,  in  trust  for  the  pro- 
motion of  agricultural  and  industrial  pursuits. 

2079.  Officers  of  board.  The  board  shall  elect  one  of  its 
number  president,  and  shall  appoint  a  secretary  and  a  treas- 
urer. 


136  SCHOOL   LAW 

2080.  Official  oaths  and  bonds.  With  the  exception  of 
the  secretary  of  state,  the  trustees  shall  qualify  by  taking  the 
constitutional  oath  of  office  and  by  giving  bonds  with  suf- 
ficient sureties  to  the  State  of  Utah,  in  the  penal  sum  of 
$1,000.00  each,  conditional  for  the  faithful  performance  of  the 
duties  of  their  office.  Such  bonds  must  be  approved  by  the 
governor  and  filed  with  the  secretary  of  state.  The  treasurer 
shall  execute  a  bond  in  such  sum  as  the  board  of  trustees  may 
determine, 

2081.  Compensation  of  trustees.  Each  trustee  shall  re- 
ceive as  his  compensation  $4  per  diem  for  each  meeting  of  the 
board  at  which  he  shall  be  present,  payable  out  of  any  moneys 
appropriated  for  the  use  of  the  Agricultural  College,  and  he 
shall  be  allowed  for  traveling  expenses  mileage  at  the  rate  of 
ten  cents  per  mile,  for  one  way  only,  for  the  distance  neces- 
sarily traveled  attending  the  meetings  of  the  board. 

2082.  Id.  Future  appointees.  After  the  expiration  of 
the  terms  of  present  trustees,  there  shall  be  allowed  to  members 
of  the  board  no  compensation  for  their  time  or  services,  but 
their  actual  and  necessary  expenses  incurred  in  the  perform- 
ance of  their  official  duties,  the  account  for  which  shall  be 
verified  on  oath,  shall  be  paid  by  the  state  treasurer  on  the 
warrant  of  the  state  auditor,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

2083.  Professors,  instructors,  etc.  The  board  shall  estab- 
lish in  the  college  an  adequate  number  of  professorships  of  the 
sciences  related  to  agriculture  and  the  mechanical  arts.  Such 
professorships  shall  be  filled  by  able  and  competent  professors, 
aided  by  such  assistants,  tutors,  and  other  instructors  as  shall 
from  time  to  time  be  necessary. 

2084.  Faculty.     Assistants.     President    of   faculty.     The 

president  of  the  trustees,  the  professors,  and  such  assistants 
as  may  be  designated  by  the  board  shall  constitute  the  faculty 
of  the  college.  The  titles  of  such  assistants  shall  be  deter- 
mined by  the  board.  The  president  of  the  faculty  shall  be  ex- 
oflicio  a  member  of  the  state  board  of  education. 


SCHOOL   LAW  137 

2085.  Employees  removable.  Any  professor,  instructor, 
officer,  or  employee  of  the  college  shall  be  removable  at  the 
pleasure  of  the  board. 

2086.  Religious  preferences  and  sectarian  teachings  for- 
bidden. In  the  appointments  of  professors,  instructors,  and 
other  officers  and  assistants  of  said  college,  and  in  prescribing 
the  studies  and  exercises  thereof,  and  in  every  part  of  the 
management  and  government  thereof,  no  partiality  or  prefer- 
ence shall  be  shown  by  the  board  to  one  sect  or  religious 
denomination  over  another;  nor  shall  anything  sectarian  be 
taught  therein.  Persons  engaged  in  conducting,  governing, 
managing,  or  controlling  the  college  in  any  of  its  parts,  and  its 
studies  and  exercises,  shall  faithfully  and  impartially  carry 
out  the  provisions  of  this  section  for  the  common  good. 

2087.  Courses  of  study  in  Agricultural  College.  The 
courses  of  instruction  in  the  Agricultural  College,  until  other- 
wise provided  for  by  law.  shall  comprise  agriculture,  horticul- 
ture, forestry,  animal  industry,  veterinary  science,  domestic 
science  and  art,  elementary  commerce,  elementary  surveying, 
instructions  in  irrigation  as  applied  to  the  measurement,  dis- 
tribution, and  application  of  water  for  agricultural  purposes, 
for  which  a  degree  of  engineering  in  agriculture  may  be 
given,  military  science  and  tactics,  history,  language,  and  the 
various  branches  of  mathematics,  physical  and  natural  science, 
and  mechanic  arts,  with  special  reference  to  the  liberal  and 
practical  education  of  the  industrial  classes.  But  the  Agri- 
cultural College  shall  not  offer  courses  in  liberal  arts,  pedagogy, 
the  profession  of  law  or  medicine,  or  engineering,  except  agri- 
cultural engineering. 

2088.  Full  course.  Winter  course.  A  full  course  <>f 
study  in  the  institution  shall  be  of  not  less  than  four  years. 
The  board  may  institute  a  winter  course  of  lectures  for  others 
than  students  of  the  institution,  under  necessary  rules  and 
regulations. 

2088x.     Board  of   trustees    directed    to    establish    winter 


138  SCHOOL   LAW 

course.  The  object  of  this  section  is  the  establishment  and 
maintenance  of  a  regular  winter  course  of  studies  for  students 
at  the  Agricultural  College  of  Utah;  which  course  shall  in- 
clude studies  relating  to  agriculture  and  mechanical  arts,  and 
such  other  scientific  and  classical  studies  as  the  board  of 
trustees  and  faculty  may  prescribe,  and  the  board  of  trustees 
is  hereby  empowered  and  directed  to  establish  such  course. 
The  special  year  of  this  course  shall  consist  of  five  calendar 
months,  beginning  on  or  about  November  1st  of  each  year. 

2089.  Academical  year.  The  academical  year  shall  con- 
sist of  not  less  than  nine  calendar  months,  and  it  may  be 
divided  into  such  terms  by  the  board  as,  in  it  judgment,  will 
best  secure  the  objects  for  which  the  college  was  founded. 

2090.  Qualifications  for  entrance.  No  student  shall  be 
admitted  to  the  institution  who  shall  not  have  attained  the 
age  of  fifteen  years,  and  who  shall  not  have  passed  a  satisfac- 
tory examination  in  arithmetic,  geography,  grammar,  reading, 
spelling,  and  penmanship. 

2090x.  Courses  free  to  residents  of  State.  Entrance  fee. 
Special  studies.  Instruction  in  the  preparatory  and  regular 
courses  of  the  Agricultural  College  shall  be  free  to  actual  resi- 
dents of  the  state,  but  an  entrance  fee,  not  to  exceed  $10  for 
residents  and  not  less  than  $25  and  not  to  exceed  $50  for  non- 
residents of  Utah,  may  be  required  annually.  The  board  of 
trustees  may  fix  a  reasonable  charge  for  instruction  in  special 
studies  not  embraced  in  the  regular  courses. 


'&  ■ 


2091.  Text  books.  Degrees.  The  board  of  trustees  shall 
with  the  advice  of  the  faculty,  prescribe  the  books  to  be  used 
in  the  institution,  and  confer,  for  similar  or  equal  attainments, 
degrees  and  testimonials  similar  to  those  conferred  by  agricul- 
tural colleges  elsewhere. 


SCHOOL   LAW  139 

CHAPTER  17. 

SESSION  LAWS,  1911. 

Section  1.  That  for  the  purpose  of  providing  a  per- 
manent and  perpetual  fund  for  the  general  maintenance  of  the 
University  of  Utah,  the  Agricultural  College  of  Utah,  and  the 
Branch  of  the  Agricultural  College  of  Utah,  there  is  hereby 
appropriated  and  set  aside  for  that  purpose  28  per  centum 
of  the  entire  annual  revenue  derived  from  the  general  tax 
levy  for  state  purposes  in  the  State  of  Utah,  exclusive  of 
the  State  School  and  High  School  funds. 

Sec.  2.  The  general  maintenance  fund  shall  be  divided 
as  follows :  The  University  of  Utah,  including  the  State  School 
of  Mines  and  the  State  Normal  School,  shall  receive  64.43  per 
centum ;  the  Agricultural  College  of  Utah,  28.34  per  centum ; 
the  Branch  of  the  Agricultural  College  of  Utah,  7.23  per 
centum  of  the  funds  in  this  Act  provided  for. 

Sec.  3.  The  annual  cost  of  the  general  maintenance 
herein  provided  for  the  University  of  Utah,  the  Agricultural 
College  of  Utah,  and  the  Branch  of  the  Agricultural  College 
of  Utah,  shall  not  exceed  the  amount  in  this  Act  provided 
for,  together  with  such  revenue  as  may  be  derived  from  the 
several  land  grant  funds  of  the  above  named  institutions 
and  the  funds  received  by  them  from  miscellaneous  sources. 

Sec.  4.  The  term  "General  Maintenance"  as  used  in  this 
act  shall  be  so  construed  as  to.  mean  and  include  all  necessary 
expenses  of  the  above  institutions,  except  for  the  purchase  and 
delivery  on  the  grounds  of  additional  water,  the  purchase  of 
grounds  and  the  erection  and  equipment  of  new  buildings 
and  permanent  additions.  , 

Sec.  5.  The  funds  becoming  available  umbo-  the  pro- 
visions of  this  act  shall  be  used  for  the  school  year  beginning 
July  1st  of  each  calendar  year  in  which  the  tax  providing 
said  funds  is  levied. 


140  SCHOOL    LAW 

Sec.  6.     If  at  the  end  of  any  school  year  either  of  the 

above  named  institutions  shall  have  on  hand  any  unexpended 
balance  of  the  general  maintenance  funds  in  this  act  provided 
for  such  balance  or  balances  shall  be  converted  into  a  sinking 
fund  to  be  used  by  such  institutions  for  building  purposes  or 
other  permanent  improvements. 

Sec.  7.  That  the  expenditure  of  the  funds  derived  under 
the  provisions  of  this  act  and  the  creation  of  any  deficit  in 
connection  with  the  institutions  herein  named  shall  be  under 
the  same  provisions  as  may  be  provided  for  expenditures  and 
deficits  in  connection  with  other  state  institutions. 

Sec.  8.  The  state  auditor  shall  credit  to  the  several  insti- 
tutions herein  name,d  the  funds  provided  under  the  provisions 
of  this  act  at  the  same  time  or  times  and  in  the  same  manner 
as  the  district  school  funds  are  credited,  and  at  the  same  time 
he  shall  notify  in  writing  the  said  institutions  of  the  actual 
amount  of  money  in  the  state  treasury,  to  the  credit  of  each 
for  their  general  maintenance  as  provided  in  this  act. 


INDEX  14| 

INDEX. 

Page. 
Absent   Membership — 

in  retirement  association    18 

Academic  Year — 

Agricultural   College    l38 

Act- 
creating  State  Board  of  Education,  etc 3 

providing  tor  county  school  districts '.  62 

Advertisement — 

of  bids  tor  school  buildings 61,  105,   106 

Agent — 

school  officer  not  to  act  as,  for  publisher,  et 48 

Agricultural   College — 

president  of,  one  of  text  book  ommission 46 

located,    privileges     12^ 

object  of,   trustees   and  faculty    U14 

control   of,    compensation   of    trustee 135 

courses  of  study  in  137 

qualifications    for   entrance    to    138 

perpetual   maintenance  fund    139 

general    provisions   regarding    134-1  :;s 

Algebra — 

candidates  for  grammar  grade  diplomas  must  know.  .  4 

Allotment — 

of  school  funds   88 

Annexation — 

of  county  district  to  city 112 

Annual    Levy— 

for  interest  and  sinking  fund 105 

Annual    Requirements — 

of  school   to  be   estimated 72 

school  census  taken    31,  88 

Appointments — 

to   normal   scholarships    130 

Apportionment — ■ 

of  school   moneys   by   State   Superintendent B 

none   until  reports   forthcoming 9 

of  county  school  moneys    Bfl 

Appropriation — 

for  carrying  out  provision     ol   school  act .".;: 

Assistants — 

to  State  Board  of  Examiners   6 

Education  19 


142  [NDEX 

Page. 
Attendance — 

of  children   at  school  compulsory    109 

Auditor — 

State,  to  draw  warrants  for  examiners,  etc 6,  9, 12 

books  of,  to  be  examined  by  State  Superintendent  10 

treasurer  to  honor  warrants  of 49 

county,   to  apportion    school   fund 67 

Authorization — 

on  margin  of  school  bonds 103 

Award — 

to   proposals    for   text   books 47 

for   construction   of   buildings,   etc 105 

Ballots — 

for    election    of    trustees 21-22 

what    to    contain    21-22 

excess  and  defective   24 

for  city  school  election    56 

Beneficiaries  Retirement — 

fund   for 117-120 

by-laws    regarding    120 

Bids— 

for  erecting  buildings,  etc 61,  79,  105 

Biennial    Report — 

by    State    Superintendent 10 

Bird- 
day   120 

Blanks — 

for  schools  furnished  by  State 27 

Board  of  Education — 

how    constituted    3 

State,  powers  and  duties 3-7,  19,  40-42 

chairman  and  secretary  of  3-7,  19,  40-42 

chairman   and    secretary   of 7 

majority  necessary  to  validity  of  act 7 

when  to  meet   7 

creation  of    123 

County,  how   constituted   63 

members  of,  election  and   qualifications 63-64 

must   organize    66 

to   appoint   superintendent    66 

compensation  of   67 

to  appoint  census  enumerators   67 

president,  clerk  and  treasurer  of,   duties 68-69 

a  body  corporate    70 

powers    of    70,  79 

in  cities  of  the  first  and  second  class 84 

general  provisions  regarding   85 

organization    of,    officers     86 

duties   of  officers,   compensation    89 

suits   by  and   against   92 


INDEX  143 

Page. 

Board  of  Examiners — 

for  cities,  how  constituted   92 

chairman  and  associates,   compensation    93 

Board   of   Regents — 

of    S;ate    University    127 

to  appoint  faculty    128 

general    provisions    regarding    127-133 

Board  of  Trustees — ■ 

of  Agricultural   College    134 

general    provisions    regarding    128-133 

Bonded   Indebtedness — 

of  district  schools,  limitations    of    58 

heretofore  existing 62 

Bonds — 

who   qualified   to   vote   for    24 

of  high  school  district   39 

of    district    school    58 

denomination  of 59 

form  of 59 

redeemed  to  he  canceled   61 

of    contractor    62 

for  city  schools   100 

ballot  for  election  regarding 101 

general    provisions    regarding 101-103 

Bonus — 

from    publisher,    etc.,    prohibited 48 

Books — ■ 

of  State  Superintendent  go  to  successor.  : 12 

school  board   to   furnish    27 

for   indigent  pupils    16 

text,   commission   of    46 

proposals   for    47 

provisions  regarding 47,  48,  97,  98 

Boundaries — 

of  school  districts  to  be  fixed 14 

Buildings — ■ 

and  sites,   provisions  regarding    29, 30 

how   to   be   sold    29,  92 

city  board  of  education  may  erect 106- 107 

Cancelation — 

of  redeemed  school  district  bonds 61 

Canvass — ■ 

of  votes  at  school  election 24 

Census — 

annual  school   31.  (17,   sx 


144  [NDEX 

Page. 
Certificate — 

normal,   and   diplomas    4,  5 

of  teachers    16,  93-96 

temporary    18 

county,  where  valid    18 

teachers  must  hold    19 

Certification — ■ 

by  State  Board  of  Education 6 

Children- 
neglected,  provisions  regarding   81-83,   107-108 

must  attend  school,  when   109> 

incorrigible,   sent  to  industrial   school Ill 

City- 
indebtedness   of   for   school    55 

election  in,  regarding  debt 56 

procedure   at    elections    56 

canvass   of  votes    ! 57 

schools  in  (see  Schools  in  Cities). 

City  School  Bonds — 

election  for,  provisions  regarding   100-102 

payment  of,  other  regulations   103-104 

City  School  Tax — 

certain    property   exempt    98 

one  taxation  district,  city  is 98 

distribution  of  State  funds  to  city 98 

collection    of    99 

Clerical  Assistance — ■ 

to  State  Board  of  Education   6 

Clerk— 

of  school  election,  duties   23 

Commissioner — ■ 

national,  to  be  furnished  information 11 

Commission,  School — ■ 

to  approve  of  buildings,  etc 29 

shall  serve  without  compensation    30 

State  text  book    46 

Compensation — • 

of  State  Board  of  Education 6 

school  trustees    32 

none  for  school   commission    30 

course  of  study  committee 42 

teacher    without    certificate 43 

same  for  females  as  males  46 

city  school  board  and  officers 87-90 

Compiled  Laws — 

extracts   from   126-138 

constitutional  provision  relating  to  high  schools 22 

constitutional  provision  creating  state  high  school  fund  124 


INDEX  145 

Contagious  Diseases — 

protection    against    45 

Contents — 

of  S'tate  Superintendent's  report 10 

Contract — 

for  building  shool  houses,  et 61, 106 

of  school  superintendents  may  be  called  12 

county  and  city  superintendents   to  attend 12 

S'tate  text  book   (see  State  Text  Book  Commission.) 

County  Clerk — 

to  prepare  for  school  election 23 

County  Commissioners — 

may  reate  or  change  districts,  exceptions 20 

levy  special  taxes    20 

shall  appoint  trustees,  when 21 

board  of  equalization  as  to  school  taxes 54 

County  School  District — 

first  class,  in  each  county 63 

schools   to  be  free    64 

board,   members  of 64 

must   qualify,   elections    65 

school  superintendent  to  be  appointed,  qualifications.  67 

school  year,  reports 67 

school   census   68 

president,  clerk  and  treasurer,  duties 69-70 

board  of  body  corporate   70 

school  property  exempt  from   taxation 72 

county  treasurer  to  pay  over  taxes 74 

special   taxes   for  buildings    74 

election  for  bonding  district,  procedure 75-78 

bonds,   interest  and   sinking   fund 79-80 

parental   schools,  truants,   etc 81-82 

district  court  has  jurisdiction   82 

parents  pay  cost  of  committed  children 82 

truant  officer  to  be  appointed 83 

superintendent's  office  vacated,   when 83-84 

registration  lists,  acts  repealed    84 

general  duties  and  powers  of  board 63-84 

County  School  Superintendents — 

election  of 13 

oath    and    bond     13,  14 

qualification  of  

records   of   '' 

to  report  to  State  Superintendent  15 

general  duties  and  powers   13-17 

County  Tax — 

for   schools,   provisions  regarding    48-o0 

County  Teachers'  Institutes — 

how  constituted  

procedure    of    ' h 


146  INDEX 

Course  of  Study — 

committee   of   42 

powers  and  duties 42 

creating  high  school  districts   34 

Damages^ 

i'or   injuring   school    property    44 

debt  of  school  district  not  to  exceed  taxes,  unless 55 

defective  sight,  hearing,  etc.,  examinations  for 33 

Degrees — 

University  may  confer  upon  students 129 

conferred  by  Agricultural  College 138 

Delinquent  Taxes — 

to  be  paid  over  to  board  of  education 100 

Diplomas — 

S'tate,  for  teachers    4 

validity  of   4 

life,  from  other  states 4,  5 

not  in  force  after  five  years 6 

for  holders  of  normal  scholarships 130 

Dismissal — 

of  district  school  teacher   27 

District  Court — 

has  jurisdiction  in   truancy  and  neglect  cases 82,09 

Districts,  School — 

each  is  a  corporation  20 

each  county  and  city  is  one,  unless  20 

powers  of  county  commissioners  regarding 20 

annexation  of 112 

District  School  Bonds — 

trustees  may  issue,  when  57 

election  for 57 

denomination  of,   limitation 58 

other    provisions   regarding    58-62 

Doctrines — 

not  to  be  taught  in  schools 45 

Duties — 

of  county  treasurer  regarding  school  funds 49 

president  of  county  board  of   education 68 

clerk  of  same    68 

treasurer  of  same    69 

city  president  board  of  education 88 

vice  president,  clerk  and  treasurer  of  same "89,90 

members  of  board    90, 91 

Education — 

State  board  of   2, 123 

membership,  powers    3-7 

city  board  of 84 

membership  of  city  board,  etc 84 

election  of,   term,   etc 84 

conduct   of   elections    85 


;  INDEX  147 

Page. 
Elections — 

of    State    Superintendent 7 

duties  and  powers    7-13 

of   county   superintendents 13 

duties  and  powers  14-16 

of  school  trustees  21 

for  special  school  tax    55-57 

for  district  school  bonds   57 

for  county  school  district  board,  procedure 63  ,64 

special  for  bonding  district   74 

regulations  and   procedure   at 75-77 

of   city   board   of   education 84 

of    city    school    superintendent 88 

English    Language — 

to  be  used  in  all  schools 45 

Entrance  Fee — 

to  Agricultural   College    138 

Equalization— 

by    county    commissioners    54 

Estate— 

of  members  of  retirement  association 119 

Examinations — 

of  children  for  defective  sight,  hearing,  etc 33 

for   applicants  for   diplomas,   etc 4 

of  teachers  for  first-class  districts   72 

teachers'  certificates,  etc 17,  18 

for  grammar  and  primary  certificates 96 

teachers   exempt    from    #   97 

Examiners — 

assistant,   may  be  appointed 6 

city   board   of,    how    constituted 92 

associates,    chairman,    compensation 93 

Expense— 

of  parental  schools,  how  paid  ^u» 

Expulsion — 

or  suspension   of   pupils    -8 

Extracts —  91  ,„„ 

from  Compiled  Laws    hi-im 

Faculty —  198 

University  board  to  appoint    '^8 


First  Class  Districts — 

county  school,  of  such  grade. 


62 


Fiscal  Year —  12„ 

of    University    

American,  displayed  over  schools n  ' 


148  INDEX 

Page. 
Founding   Professorships — 

amount   required    for 132 

fellowship   or  lectureship    133 

Free   Instruction— 

in  University  courses   131 

Free  Schools — 

non-sectarian,  to  be  maintained 121 

Full   Course — 

at    Agricultural    College    137 

Fund — 

school,  provisions  regarding   25,  50 

State,    distribution    to    cities 98 

sinking,  investment  of   105 

retirement,    beneficiaries     116 

current  and  permanent 116 

when  not  sufficient   119 

Gifts— 

and  devises,  University  board  may  accept 128 

Government — 

of  schools,  school  board  to  assist  in 28 

Governor — 

to  appoint  trustees  for  Agricultural  College 134 

Grants— 

of  land,  school  of  mines  beneficiary  of 134 

Grounds- 
school,  to  be  kept  sanitary   32 

Gymnasiums — 

State  board  to  promote  establishment  of 3 

Health- 
Hearing — defective,   examination    for 33 

State  Board  of,  to  assist  in  courses  of  study 33 

High  Schools — 

districts,  a  county  a  district  uless   otherwise  agreed  34 

cities  of  first  and  second  class  not  included  in 34 

county  superintendent  to  propose  plan  for 35 

manner  of  determining  number   of 34,35 

Board  of  Education,  of  whom  composed 35 

officers  of  35,  36 

number  of  schools   37 

election  to  determine   37 

judges   of  election    37 

local   revenues    37 

State   revenues    40 

powers  and  duties  of  board   37,  38 

course  of  study,  by  whom  prescribed 38 

text  books,  by  whom  adopted   38 

election    for    bonding    39 


INDEX  149 

Page, 

buildings    .    40 

standard  fixed  by  State  Board  of  Education 40 

enrollment  and  attendance  of  students  to  be  reported  41 

apportionment  of  state  funds 41 

State  inspector,  bow  appointed  41 

compensation   of   inspector    41 

Highest   Branch — 

of  educational  system,   University  is 126 

Holidays — 

school  not  to  be  kept  on 43 

Hygiene — 

and   physiology,  instruction   in 33 

Incorrigible  Children — 

disposition    of    Ill 

Indebtedness — 

not  to  exceed  current  taxes 55 

Informality — 

in  election  not  to  affect  validity 101 

Information — 

to  national  commissioner    12 

Institutes — 

teachers'  governing  board  of   16 

union,  may  be  held  by  two  or  more  counties 16 

expense  of  16 

Institutions — 

tor  deaf,  dumb  and  blind    123 

Instruction — 

State  Superintendent  of  (see  State  Superintendent  of 

Public  Instruction.) 
county  superintendent  (see  County  Superintendents), 
moral,    required    45 

Instructors — 

contracts  with,  terminable  when 128 

Insufficient   Funds — 

for    retirement   association 119 

Interest — 

on  school  bonds    77, 78 

on  State  school  lands,  distribution 121 

Judges  of  Election — 

for   school   districts    22, 34 

for    high    school    districts 37 

duties  of,   and   Clprk   23 

to  be  furnished   registration   lists 23 

Jurisdiction — 

over  truants,  district  court  has 81 


150  BNDEX 

Page. 
Kindergartens — 

school  board  may  maintain   113. 

provided   for,  where    113 

how    maintained     113 

Land   Grants — 

University    beneficiary    of    134 

Language — 

English,  to  be  used  in  schools   45 

Levy — 

special  taxes 20,26 

for   interest  on   bonds,   etc 60 

limit  of,  etc 99 

Libraries — 

State  Board  of  Education  to  promote  establishment  of  3 

fund  for  school  libraries    25 

Lien — 

school  bonds  are 60 

Life  Diplomas — 

of   other  states 4 

issued  by  State  boards   5 

Limitation — 

of    bonded   indebtedness    5& 

Maintenance — 

of  public  school   system    121 

Membership — 

in  State  Board  of  Education 3 

in  county  board   63 

in  cities  of  first  and  second  class 84 

qualifications    for,    in    same 86 

in  retirement   commission    114-118 

Metric  System — 

taught   in    public    schools 123 

Mines — 

school   of,    established    134 

provisions    regarding     .  .| 134 

Mining  Professorship — 

founding  and  naming  of    132 

Moral  Instruction — 

required   in    public    schools    45 

National  Commissioner — 

information   to   11 

Neglected   Children — 

committed  to  parental  school  81 

New  District — 

to  receive  proportion  of  funds 51 


INDEX  lot 

Page. 
Mew  School — 

organization    of    30 

.Nominations — 

to  positions  in  University,  by  whom 132 

Normal  Certificates — 

candidates    for    4 

issued  by  University,   regulations    5 

holders   of,    conditions    131 

Normal   School — 

department   of    University    129 

perpetual   maintenance   fund    139 

Notice — 

of  opening  and  closing  school    42 

to  publishers,  regarding  text  books   297 

and  conduct  of  bond  election 101 

Oath- 
may  be  administered  by  county  superintendents 15 

Object — 

of  Agricultural  College    134 

Officers — 

of  education  board,  may  be  removed,  etc 66 

necessary,   may  be  appointed    87 

of  Agricultural  College  board 134 

Opening  Bids — 

for  proposals,  etc 97-1 06 

Organization — 

of    new    school    31 

of  board  of  education 87 

of    retirement    commission    113 

Outhouses — 

on  school  grounds,  regulations   32 

Parental  Schools — 

Board  of  Education   may  establish    107 

regulations    regarding    108 

Payment  of  Bonds — 

redemption,    printing,    etc 103 

Penalty — 

for  non-attendance  of  school  children 110 

Permanent  Funds — 

from  land  sales,  for  University 122 

for  University,   Agricultural    College,    Normal    School        138 

Physiology — 

and   hygiene,  instruction  in    33 


T-">-  INDEX 

Page. 
Powers — 

of  State  Board  to  grant,  diplomas,  etc 4 

and  duties  of  high  school  trustees 36-38 

of   education   board    70-90 

Preparatory  Course — 

may    be    maintained    131 

President — 

of  education  board,  duties  and  powers,  term  of  elec- 
tion   68,  86,  88 

Primary   Certificate — 

regulations  regarding   94 

Prohibited   Doctrine — 

no  sectarian,  etc.,  principles  taught 45 

aid  to  church  schools,  forbidden 123 

Proposals — 

for  text  books  and  awards,  regulations 47 

Public  Instruction — 

Superintendent  of    (see  ibid). 

school    teachers,   retirement   of    113 

Publishers — 

Board  of  Education  gives  notice  to 97 

Qualifications — 

for    entrance    to   Agricultural  'College 138 

of  electors  at  school  bond   elections 102 

Quality — 

clerk  of  education  board  must 68 

treasurer  of  same,  must   69 

members  of  education  board  must 86 

Questions — 

penalty   for  disclosing    19 

by   examiners    to   candidates,   etc 94 

Re-advertising — 

when  bids  for  building,  etc.,  rejected 61 

Receiving   Bonus — 

from   publisher,    penalty    48 

Redemption  of  Bonds — 

provided    for,    disposition    105 

Records — 

and  reports  of  district  board   32 

filed  with  county  superintendent 33 

of  proceedings  of  board  of  examiners 94 

Regents — 

board   of  University    127 

Regsitration    Lists — 

furnished  for  election  of  education  board 84 


INDEX  153 

D   ,  Page- 

Release — 

of  child  from  parental  school 81 

Reilgion — 

teaching  of,  forbidden   45,  137 

Renewal — 

of  high  school  and  other  certificates 18,94 

Repairs — 

of    outbuilding,    etc 27 

Report — ■ 

by  board   clerk  to   State   Superintendent 88 

to  school  board  by  examiners 95 

Requirements — 

annual,    board    to    estimate    72 

Resident — 

actual,  University  courses,  free  to 132 

Resignation — 

removal,   etc.,  by  school  officer 25 

Restrictions — ■ 

on  sale  of  school  property    71 

Retirement   Commission — 

for  public  school  teachers  provided  for 113 

members    of,    how    selected,   term 114 

organization,    general   provisions    115-120 

Revocation — 

of   school  teacher's   certificate    19 

of  other  certificates 95 

Sanitation — 

cause  and  prevention  of  diseases  taught 33 

Sight- 
examination    for   defective    33 

School   Districts — 

district   (see  District  School  Bonds.) 

School   Districts — 

each  a  corporation,  extent  of 20 

county  commissioners  control  over,  taxes 20 

new  county  divided  into,  trustees  for 21 

election    for,    judges,    procedure 21-25 

funds   and    libraries    for,    control 25 

county,  first  class  (see  County  School  Districts). 

School   Fund — 

apportionment    and    use    of 50 

not               nless  school  kept  20  weeks 51 

new              :t    receives   proportion 5] 

State  aid   for   51-53 

hov                    aid,  appropriation  52.  63 

State,    interest   di             ed    121 


1 54  INDEX 

Page. 
Schools  in   Cities — 

each   city   a   district    84 

members  of  board  in,  term    85-86 

organization  of  board,  officers    87 

election  of  superintendent    88 

duties   of  officers    89-90 

other  provisions  regarding   88-109 

Schools,   High — 

(See  High  Schools.) 

School   Register  and   Report — 

teacher  must   keep    43 

School    Superintendents- 
county   (see  County  School  Superintendents). 

and   city,    to    attend    convention 13 

School  Teachers — 

county,   examination  of    17 

certificates    for    18 

revocation    of    19 

assistants  may  be  employed  19 

visiting  day  of   27 

male  and  female,  receive  like  pay  46 

School   Trustees- 
election  of,  provisions  regarding 21-33 

may  levy  taxes,   when    26 

compensation    of    32 

Settlement — 

between  school  districts  and  cities 11 

Special  School  Tax — 

provisions    regarding    53, 54 

State  Treasurer — 

to  receive  and  pay  over  school  funds   48 

Superintendent  of  Public  Instructions — 

State,    election    of 7 

qualifications,  oath,  bond,   deputy    7 

control  of  schools  and  school  money  8 

seal  of,  forms  or  reports,  etc 9 

to  visit  counties  once  a  year  9 

to  advise  with  school  officers,  decisions,  etc  10 

reports  and  other  duties    10, 11 

expense  accounts,  books  to  successor 12 

may  call  convention  of  superintendents    12 

State  Normal  School — 

department   of    University    129 

perpetual    maintenance    fund    139 

Suspension — 

of   pupils  by    teacher    44 


INDEX  155 

Page. 
Taxes — 

for    district    schools    25 

for    high    schools    38 

state  and   county 48 

levy  for  interest  on  bonds,  etc 60 

Teachers — 

examinations,    certificates     17 

assistants  may  be  employed    19 

to  give  notice  of  opening  and  closing  schools  42 

no  pay  for  one  without  certificate   43 

other  duties  and  privileges    44-46 

for  kindergartens,  retirement  commission    113 

Teachers'   Institutes — 

county,  regulations,   board,   etc 16 

Temporary  Certificates — 

to  teachers,  when  4,  18,  94 

Text  Books — 

commission  of,  convention    46 

other  provisions  regarding   97 

Treasurer — 

county,  to  pay  over  taxes   74 

Truant  Officei — 

provided    for    82 

Trustees — 

provisions  regarding  (see  School  Trustees.) 

of  former  districts  to  convey  property 71 

Uniform  Compensation — 

for  male  and  female  teachers   46 

University  of  Utah — 

located    and    confirmed    121 

general  powers  of    126 

highest  branch  of  educational  system   126 

regents    of,    qualification,    powers 127 

chairman,  secretary  and  faculty,  duties   127 

may   take   gifts   and    devises    128 

courses  of  instruction  defined    126 

perpetual    maintenance    fund     139 

normal  school,  other  provisions    '129-130 

perpetual  fund   139 

Unsatisfactory  Proposals — 

received  by  board,  recourse 98 

Vacancies — 

in  school  board,  how  filled   25 

in  board   of  education,  county  districts 65 

in  officers  of  retirement  commission  L15 


L56  INDEX 

Page. 
Validity— 

of  diplomas   for   teachers    4 

Vice   President — 

city   board  of  education,   provisions 89 

Visiting   Schools — 

I  e    Superintendent    9 

county    superintendent    14 

Voting — - 

on  special  school  tax   53 

Vouchers — 

district  board  must  present  33 

Water — 

for  agricultural  purposes,  a  study  at  Agricultural  Col- 
lege           137 

Winter  Course — 

of  lectures,  at  Agricultural   College    137 

Year- 
fiscal    school    43 

fiscal,  of  University    129 


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